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SunToads Health News 176.
Health Freedom Bill in Florida passed into law

From: "SunToads"
To:
Subject: SunToads Health News 176. Health Freedom Bill in Florida passed into law
Date: Fri, 4 May 2001 13:17:41 -0600

Fw FYI: 4 May 2001

Source: International Advocates for Health Freedom - http://www.iahf.com

IAHF List: While IAHF works mostly on International Health Freedom issues,
fighting the EU and Codex Vitamin Wars, Tim Bolen, Monica Miller, Julie
Hilton, Bob Napoli, Bill Faloon, and a host of other stalwarts just
succeeded in passing a superb bill in the State of Florida allowing
patients to have access to alternative treatments, and practitioners to
deliver alternative healthcare without fear of reprisal by the State
Medical Board. See two articles about this wonderful new law below my
comments. The Articles are by Tim Bolen, and Monica Miller.

This new Florida health freedom law builds on similar laws that have passed
in several other states, with complete details available on Monica Miller's
Government Relations Website
:http://www.healthlobby.com/statelaw.html IAHF salutes the people of
Florida who worked so hard to make this happen, especially the Life
Extension Foundation which will soon be opening a special medical clinic at
their new Headquarters in Ft.Lauderdale. For LEF, this new law could not
have been enacted at a better time! http://www.lef.org

IAHF notes that in Canada, Health Freedom bills patterned after these in
the states have passed recently in Ontario and British Columbia, and we
encourage the rest of the world to engage in similar campaigns. We hope
this information will assist towards that objective. Where there is no
vision..... the people perish. Here, people world wide will find plenty of
solid leadership to consult and to pattern similar efforts after. Dr.Rath
is correct: all we have to do to win this war against the Pharma Cartel is
to keep spreading the good news around the world about the healing power of
vitamins and other alternative treatment modalities, and to work like hell
to pass laws like this while opposing the enemy vigilantly.

Please forward this to more people. Anyone can sign onto the IAHF list by
sending email to IAHF-subscribe@listbot.com or from the IAHF website at
http://www.iahf.com from the listbot menu underneath my story. If you
appreciate this information, please donate to IAHF POB 625 Floyd VA 24091
USA or with a debit or credit card on the IAHF website using Paypal. Thank
you!

The following states have laws that protect patient
access to alternative therapies from licensed
physicians:

Alaska | Colorado | Georgia | Massachusetts |
New York | North Carolina | Ohio | Oklahoma
Oregon | Texas | Washington

The following states have regulations that protect
patient access to alternative therapies from
licensed physicians:

Nevada | Texas

The following states have laws that protect patient
access to EDTA Chelation, specifically, from
licensed physicians:

South Dakota | Louisiana

(Naturopathy is licensed in 11 states: Alaska Arizona Connecticut
Hawaii Maine Montana New Hampshire Oregon Utah Vermont
Washington)

Reply-To:
From: "Tim & Jan Bolen"
To: "Millions of Health Freedom Fighters"

Subject: Quackpot menace BLOWN AWAY in Florida...
Date: Thu, 3 May 2001 23:13:57 -0700

Quackpot menace BLOWN AWAY in Florida...
Opinion by Tim Bolen
Stephen Barrett, and his stumbling minions, have lost ANOTHER
major battle...
It happened quickly, like a hurricane building off the coast.
Before anyone realized it, a whole Stateful of people were
contacting their legislators demanding action. And, action they
got... The Florida Legislature acted.
Apparently the people of Florida were UNIMPRESSED with the Time
magazine article where Barrett declared himself "I am the
media" - (I'm still laughing about that). They just plain
ignored his bizarre claims about "leading-edge" alternative
medicine and voted themselves their own brand new "Health Freedom
Act."
Apparently Florida legislators were ALSO UNIMPRESSED with the
demands of the President of the Florida Dental Association to
"remove dentistry" from the health freedom bill. The President
used the Phillips case as an example of why dentists need to be
excluded. The "President" had testified against Phillips in the
Florida case. Observers said his testimony sounded more like
feeding time at the Miami Zoo duck pond, then the sage words of
an industry professional.
Jan and I were able to help the Florida team, at the last minute,
by leading them to some experts who were able to provide Florida
Senate committee members with six inches of documents showing why
dentists ABSOLUTELY needed to be included.
Apparently Floridians (including elected officals) don't want
their leading-edge health professionals harassed by the Barretts
of the world. The bill passed the Florida Senate by a vote of 35
to1. Then it passed the Florida House UNANIMOUSLY.
Congratulations to the hard-working Florida Team. You've done a
good thing for Floridians. And a good thing for America.

Tim Bolen
JuriMed - Public Relations and Research Group
jurimed@yahoo.com

From Monica Miller's Website http://www.healthlobby.com/news2.html#Florida
Florida
S.1324 passes both houses after a barnstorm session of
committee hearings and votes. H.1077 by Rep. Connie
Mack and S.1324 by Senator Durell Peaden, M.D. were
introduced on 3/9/01. Senator Charlie Clary is Co-Sponsoring
(Both Senators Peaden and Clary serve on the Senate Health,
Aging, and Long-Term Care Committee, and Senator Clary
chaired the Committee for the past two years).

Kudos to Julie Hilton, a lawyer/mediator turned lobbyist
in the crunch!!!! and to Florida Citizens for Health
Freedom!!!!

The bills would authorize provision of and access to
complementary or alternative health care treatments by alll
health care licenses; require patients to be provided with
certain information re such treatments; revise Fla. Patient's Bill
of Rights & Responsibilities to include right to access any
mode of treatment patient or patient's health care practitioner
believes is in patient's best interests:

2001 Legislature SB 1324 An act relating to health care; creating
s. 456.41,
F.S.; authorizing provision of and access to complementary or
alternative
health care treatments; requiring patients to be provided with
certain
information regarding such treatments; requiring the keeping of
certain
records; providing effect on the practice acts; amending s.
381.026, F.S.;
revising the Florida Patient's Bill of Rights and Responsibilities
to include the
right to access any mode of treatment the patient or the patient's
health care
practitioner believes is in the patient's best interests; providing
an effective
date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 456.41, Florida Statutes, is created to read:
456.41
Complementary or alternative health care treatments.--

(1) LEGISLATIVE INTENT.--It is the intent of the Legislature that
citizens be
able to make informed choices for any type of health care they deem
to be
an effective option for treating human disease, pain, injury,
deformity, or
other physical or mental condition. It is the intent of the
Legislature that
citizens be able to choose from all health care options, including
the
prevailing or conventional treatment methods as well as other
treatments
designed to complement or substitute for the prevailing or
conventional
treatment methods. It is the intent of the Legislature that health
care
practitioners be able to offer complementary or3 alternative health
care
treatments with the same requirements, provisions, and liabilities
as those
associated with the prevailing or conventional treatment methods.

(2) DEFINITIONS.--As used in this section, the term:
(a) "Complementary or alternative health care8 treatment" means any
treatment that is designed to provide patients with an effective
option to the
prevailing or conventional treatment methods associated with the
services
provided by a health care practitioner. Such a treatment may be
provided in
addition to or in place of other treatment options.
(b) "Health care practitioner" means any health care practitioner
as defined
in s. 456.001(4).

(3) COMMUNICATION OF TREATMENT ALTERNATIVES.--A health care
practitioner who offers to provide a patient with a complementary or
alternative health care treatment must inform the patient of the
nature of the
treatment and must explain the benefits and risks associated with
the
treatment to the extent necessary for the patient to make an
informed and
prudent decision regarding such treatment option. In compliance
with this
subsection:
(a) The health care practitioner must inform the patient of the
practitioner's
education, experience, and credentials in relation to the
complementary or
alternative health care treatment option.
(b) The health care practitioner may, in his or her discretion,
communicate
the information orally or in writtenform directly to the patient or
to the
patient's legal representative.
(c) The health care practitioner may, in his or her discretion and
without
restriction, recommend any mode of treatment that is, in his or her
judgment,
in the best interests of the patient, including complementary or
alternative
health care treatments, in accordance with the provisions of his or
her
license.

(4) RECORDS.--Every health care practitioner providing a patient
with a
complementary or alternative health care treatment must indicate in
the
patient's care record the method by which the requirements of
subsection (3)
were met.

(5) EFFECT.--This section does not modify or change the scope of
practice of
any licensees of the department, nor does it alter in any way the
provisions of
the individual practice acts for those licensees, which require
licensees to
practice within their respective standards of care and which
prohibit fraud and
exploitation of patients.

Section 2. Paragraph (d) of subsection (4) of section 381.026,
Florida
Statutes, is amended to read: 381.026 Florida Patient's Bill of
Rights and
Responsibilities.--
(4) RIGHTS OF PATIENTS.--Each health care facility or provider shall
observe the following standards:
(d) Access to health care.--
1. A patient has the right to impartial access to medical treatment
or
accommodations, regardless of race, national origin, religion,
physical
handicap, or source of payment.
2. A patient has the right to treatment for any emergency medical
condition
that will deteriorate from failure to provide such treatment.
3. A patient has the right to access any mode of treatment that is,
in his or
her own judgment and the judgmentof his or her health care
practitioner, in
the best interests of the patient, including complementary or
alternative
health care treatments, in accordance with the provisions of s.
456.41.

Section 3. This act shall take effect upon becoming a 8 law.

Citizens for Health Freedom is a Florida based organization of
patients and practitioners supporting patients' rights to have
access to responsible medical alternatives from licensed
health care professionals.

Contact:
Bob Napoli, Executive Director
Citizens for Health Freedom
(888) 834-7822
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