Ethics Links
"Faithful Answers to Criticism"
Online "handout" for the ethics portion of Tamara Laing's class
April 28, 2018 at The Salt Palace in SLC, UT
Hope Haven Event's "Energy Healing Conference"
ACEP Pres. Phil Mollon
Association for Comprehensive Energy Psychology
Ethics Fact Sheet: http://www.energypsych.org/?page=Ethicsfastfacts
Phil Mollon said we can share his "elevator speech" if criticized regarding a lack of scientific research https://acepblog.org/2017/01/06/
I like what he explains here for beginners:
MICHAEL COHEN, JD, MBA, MFA
Attorney Michael Cohen has a lengthy paper titled “Laws Governing Holistic Healing – Some Basics” on his blog. The conclusion is written in legal jargon so here is my feeble attempt to simplify it.
California Senate Bill SB577
SECTION 1.
The Legislature hereby finds and declares all of the following:
(Tip: Sheena Curtis uses Hello Sign to obtain client signatures online.)
Donna Eden and David Feinstein,
Ethics Handbook for Energy Healing Practitioners
11 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, and Washington.
This board also drafted a statement of model guidelines that boards in all states can use. Here is just a portion:
“The (name of board) recognizes that the practice of medicine consists of the ethical application of a body of knowledge, principles and methods known as medical science and that these objective standards are the basis of medical licensure for physicians of the state of (name of state). These standards allow a wide degree of latitude in physicians’ exercise of their professional judgment and do not preclude the use of any methods that are reasonably likely to benefit patients without undue risk.
Online "handout" for the ethics portion of Tamara Laing's class
April 28, 2018 at The Salt Palace in SLC, UT
Hope Haven Event's "Energy Healing Conference"
ACEP Pres. Phil Mollon
Association for Comprehensive Energy Psychology
Ethics Fact Sheet: http://www.energypsych.org/?page=Ethicsfastfacts
Phil Mollon said we can share his "elevator speech" if criticized regarding a lack of scientific research https://acepblog.org/2017/01/06/
I like what he explains here for beginners:
Many phenomena familiar to energy psychologists violate the conventional scientific paradigm of reality. They include healing through intention, mental effects on the physical realm, healing at a distance, proxy healing, and all manner of other non-local effects. As William Tiller observes, the human energy system appears to function as a gateway to a realm of reality that is responsive to human intention in a way that ordinary physical reality, as studied by conventional science, is not.
Sometimes phenomena and procedures are presented at energy psychology workshops that profoundly violate conventional paradigms without this being acknowledged explicitly. This can be confusing to participants and unhelpful when they subsequently try to convey what has been learned to others in the wider world. . . . . Some observations are not congruent with conventional principles of physics, biology, psychology, or other sciences.
(Phil Mollon, PhD; "Ethics - the Heart and Shadow of Energy Psychology," Part 2) https://acepblog.org/2017/01/12/ethics-the-heart-and-shadow-of-energy-psychology-part-2-of-2/
MICHAEL COHEN, JD, MBA, MFA
Attorney Michael Cohen has a lengthy paper titled “Laws Governing Holistic Healing – Some Basics” on his blog. The conclusion is written in legal jargon so here is my feeble attempt to simplify it.
The emergence of holistic healing indicates a movement from [traditional] medicine toward a broader concept of illness and health. The shift in part, reflects a recognition that the patient, as a person, matters, that mind and emotions do affect health, and that orthodox medicine has limits, or at least can be complemented by alternative healing methods. [8] . To safeguard patient choices and recognize the growing body of literature regarding alternatives, policymakers should reexamine [reducing the definition] of healing to medicine, and equat[ing] nonmedical alternatives with fraud. Current state regulat[ions] reflect an outmoded view of health care, in which a physician is the sole guardian of health. Essentially, the law defines and licenses the "practice of medicine" in terms that entrench the medical profession and that exclude all other forms of healing as the "unauthorized" practice of medicine, a crime.Common law [of] informed consent and assumption of risk provides some support for giving patient preferences greater [respect]. These should be expanded to recognize patient interest in complementary healing modalities. Patients are claiming alternative methods for themselves. Since common law [against] fraud protects patients against "quacks," lawmakers should acknowledge and encourage a more integrated system of healing professionals...
To shift from an exclusively medical paradigm to a framework that includes touch and other forms of holistic healing does not mean that the insights, discoveries, and therapeutic devices of modern medicine will be discarded or diminished. Nor does the movement from medicine to healing mean returning to the Dark Ages or succumbing to quackery. Rethinking the paradigm means freeing the law from historical and conceptual limitations, and embracing broader possibilities for the journey into health.
Michael Cohen, JD, MBA, MFA http://www.camlawblog.com/articles/faqs/laws-governing-holistic-healing-some-basics/Read a hypothetical story about Quicksilver seeking the help of someone named Sagebrush near the beginning. Near the end, (under IV) a case by case example is given on how to avoid being accused of FRAUD or practicing without a license. There are many other interesting quotes in this paper such as, “ In Utah, maintaining an office or place of business for the purpose of attempting to "diagnose, treat, correct, advise . . . for any human . . . condition . . . real or imaginary" constitutes practicing medicine.[151]”
2 Kinds of Medical Freedom Acts
“…. One of the most important developments was the advent of medical freedom acts. There are 2 kinds.
One is the statute that says that physicians cannot be disciplined by their medical board solely because they have included complementary and alternative medical therapies in their practice. This kind of concept is included in model guidelines on complementary and alternative medicine promulgated by the Federation of State Medical Boards. *
The other kind of medical freedom act says that practitioners of the healing arts who are not licensed can offer services, provided that they make certain disclosures, provide informed consent, and do not engage in medical diagnosis or provide medical treatments. These statutes enhance medical pluralism and remove much of the regulatory sting that used to accompany deviations from a strictly orthodox medical model.”
Michael Cohen, JD, MBA, MFA
*more on this below
See also
https://michaelhcohen.com/2017/01/fon-consulting-evolution-integrative-medicine-law-future-portends/
“Kudos to integrative medicine consultant Glenn Sabin for his bold post on integrative medicine standard of care - suggesting that integrative health should be the standard against which healthcare practices are judged." Michael Cohen
California Senate Bill SB577
(a) Based upon a comprehensive report by the National Institute of Medicine and other studies, including a study published by the New England Journal of Medicine, it is evident that millions of Californians, perhaps more than five million, are presently receiving a substantial volume of health care services from complementary and alternative health care practitioners. Those studies further indicate that individuals utilizing complementary and alternative health care services cut across a wide variety of age, ethnic, socioeconomic, and other demographic categories.
(b)
Notwithstanding the widespread utilization of complementary and alternative medical services by Californians,
the provision of many of these services may be in technical violation of the Medical Practice Ac
t (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code).
Complementary and alternative health care practitioners could therefore be subject to fines, penalties, and the restriction of their practice under the Medical Practice Act even though there is no demonstration that their practices are harmful to the public.
(c)
The Legislature intends, by enactment of this act, to allow access by California residents to complementary and alternative health care practitioners who are not providing services that require medical training and credentials.
The Legislature further finds that these
nonmedical complementary and alternative services do not pose a known risk to the health and safety of California residents, and that restricting access to those services due to technical violations of the Medical Practice Act is not warranted.
SECTION 2.
Section 2053.5 is added to the Business and Professions Code, to read:
SECTION 2.
Section 2053.5 is added to the Business and Professions Code, to read:
2053.5. (a) Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051, 2052, or 2053 unless that person does any of the following:
(1) Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.
(2) Administers or prescribes x-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create risk of great bodily harm, serious physical or mental illness, or death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she is a physician, a surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful under Section 2051, 2052, or 2053 pursuant to subdivision (a) shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner.
SECTION 3.
Section 2053.6 is added to the Business and Professions Code, to read:
2053.6. (a) A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051, 2052, or 2053
shall, prior to providing those services,do the following:
(1) Disclose to the client in a written statement using plain language the following information:
(A) That he or she is not a licensed physician.
(B) That the treatment is alternative or complementary to healing arts services licensed by the state.
(C) That the services to be provided are not licensed by the state.
(D) The nature of the services to be provided.
(E) The theory of treatment upon which the services are based.
(F) His or her educational, training, experience, and other qualifications regarding the services to be provided.
(2) Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years. (b) The information required by subdivision (a) shall be provided in a language that the client understands. (c) Nothing in this section or in Section 2053.5 shall be construed to do the following:
(2) Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years. (b) The information required by subdivision (a) shall be provided in a language that the client understands. (c) Nothing in this section or in Section 2053.5 shall be construed to do the following:
(1) Affect the scope of practice of licensed physicians and surgeons.
(2) Limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services subject to the requirements of this section.
Donna Eden and David Feinstein,
Ethics Handbook for Energy Healing Practitioners
Ethics Code
Theirs is free online and they say it can be downloaded and edited for your organization
Disclosure Statement and Agreement
Permission is granted on page 160 of their above book for practitioners to personalize their Disclosure Statement and Agreement.
Tamara's Disclaimer is on a separate page (see tab at top of main page and scroll down below Paypal buttons). Her Disclosure Statement is also on a separate page (tab).
Tip: She included Facebook and LinkedIN in the definition of her website, from seeing Midge Murphy's example.
Tamara's Disclaimer is on a separate page (see tab at top of main page and scroll down below Paypal buttons). Her Disclosure Statement is also on a separate page (tab).
Tip: She included Facebook and LinkedIN in the definition of her website, from seeing Midge Murphy's example.
About the word 'healer'
“No one can really heal anyone else. The person in need of healing is the healer. The practitioner simply holds a resonance to allow the body to heal itself. . . . Since the true healer is the person receiving the energy, the practitioner is merely acting as the catalyst to allow the healer to heal him or herself, and to access and utilize a higher vibrational field of energy.” Richard Gordon, Quantum Touch, 26,31 )
Midge Murphy, JD, PhD
Doctorate in Energy Medicine from Holos University
Resources on ethics, wording, professionalism, laws...
Past member of ACEP's ethics committee
She is in the business of inspecting websites to prevent legal issues.
Doctorate in Energy Medicine from Holos University
Resources on ethics, wording, professionalism, laws...
Past member of ACEP's ethics committee
She is in the business of inspecting websites to prevent legal issues.
A disclaimer has many elements depending on what your website contains.
DISCLAIMER – SOME KEY POINTS
State that all information is of a general nature only and must not be taken as advice; and
Instruct visitors to make their own independent inquiries before acting on any information; and
State there is no existence of a professional relationship; and
Provide that testimonials do not constitute a guarantee, warranty, or prediction; and
Provide assumption of risk and release of claims language; and
Provide protection of intellectual property (i.e. copyright) and trademarks, if applicable.
Joseph Bennette's
"Legal Reframes for RET Technicians"
"Legal Reframes for RET Technicians"
"The following examples of languaging changes (reframe) … is intended to support clients and avoid legal problems. Rather than having disorders, clients have challenges, problems or issues. [We] help clients promote wellness in their lives.
"Rather than treating a disorder or problem
, [we] hold sessions in which they help clients discharge hurtful emotional energy so they can easily accept positive change into their lives.
Rather than being depressed or anxious, clients seek to regain a positive mental attitude or to manage situational stress.
Rather than seeking to change their mood, clients seek to become more optimistic.
Rather than having PTSD, clients seek to feel at peace within.
Rather than having addictions, clients seek to regain self-control.
Rather than having eating disorders, clients seek weight management or to improve appearance.
Rather than having insomnia or sleep disorders, clients seek sleep improvement.
Rather than having phobias, clients have apprehensions or fears and seek self-confidence.
Rather than curing a condition, a technician helps clients regain their spiritual light or regain their self-control."
(Joseph Bennette, "Legal Reframes for RET Technicians, RET Newsletter, June 2006) www.RapidEyeTechnology.com
Utah Dept. of Professional Licensing
Utah Dept. of Professional Licensing
I only saw a few modalities mentioned: Massage Therapists and Reiki, with Foot Zoning in the comments.
“Reiki is defined as a “spiritual healing art” that is performed on an individual by a Reiki Practitioner by “transmitting healing life force energy” through the hands. It is the position of the Division that to the extent that Reiki is used as a “spiritual healing art” and does not involve the methods outlined in the scope of practice of Massage Therapy, then Reiki is not a modality of massage. However, should a Reiki Practitioner while performing the “spiritual healing art” involve the use of any of the methods outlined in the scope of practice of Massage Therapy, then the Reiki Practitioner must be licensed as a Massage Therapist.”
“Reiki is defined as a “spiritual healing art” that is performed on an individual by a Reiki Practitioner by “transmitting healing life force energy” through the hands. It is the position of the Division that to the extent that Reiki is used as a “spiritual healing art” and does not involve the methods outlined in the scope of practice of Massage Therapy, then Reiki is not a modality of massage. However, should a Reiki Practitioner while performing the “spiritual healing art” involve the use of any of the methods outlined in the scope of practice of Massage Therapy, then the Reiki Practitioner must be licensed as a Massage Therapist.”
10 states protect consumer access to un-licensed health care practitioners: Oklahoma, Idaho, Minnesota, Rhode Island, California, Louisiana, New Mexico, Arizona (limited exemption for homeopaths passed in Arizona), Colorado, and Nevada. (I wonder if there are more since this list is dated Jul 7, 2016?)
http://www.cancure.org/2-uncategorised/7-health-freedom-states
* The State Federation of Medical Boards said:
* The State Federation of Medical Boards said:
“Because of the increasing interest in and use of complementary and alternative therapies in medical practices (CAM), state medical boards have a responsibility to assure that licensees utilize CAM in a manner consistent with safe and responsible medicine.”. . . .
This board also drafted a statement of model guidelines that boards in all states can use. Here is just a portion:
“The (name of board) recognizes that the practice of medicine consists of the ethical application of a body of knowledge, principles and methods known as medical science and that these objective standards are the basis of medical licensure for physicians of the state of (name of state). These standards allow a wide degree of latitude in physicians’ exercise of their professional judgment and do not preclude the use of any methods that are reasonably likely to benefit patients without undue risk.
. . . .Patients have a right to seek any kind of care for their health problems. The Board also recognizes that a full and frank discussion of the risks and benefits of all medical practices is in the patient’s best interest.”