ALSO SEE www.healthfreedom.net

Biomedicine is also referred to by Medicare as Biologics and by the FDA as dietary supplements. In the Medicare bulletin is a section titled Drugs and Biologics. Biomedicine includes herbs, vitamins, homeopathics, amino acids, and other natural products. The vast majority of these products are unregulated and do not require a prescription. The Dietary Supplement Health Education Act of 1994 noted that it was critical to the health of the citizens of the United States that these products be made freely available. Under this act, the authority of the FDA is limited. They can only remove one of these products from the market if they can prove it poses a safety risk to the public. They recently produced scientific evidence to remove ephedra, the number one selling dietary supplement in this country, from the market. There are many medical nutrition companies who will only sell their products to licensed health care providers. Many of their products are sold as prescriptions in Europe, where the public availability of biomedicine varies substantially from country to country. The safety factor of biomedicine far exceeds food. Ten thousand people yearly die from food poisoning and millions more experience severe sickness from food. Except for ephedra, I am not aware of any confirmed deaths from biomedicine in recent years. The FDA also regulates the labeling of dietary supplements. People who sell dietary supplements can only make scientific claims, structure/function claims, support claims, and preventative health claims (for food substances) concerning their efficacy. The Dietary Supplement Health Education Act also notes that in a broad sense, dietary supplements are a valuable preventative therapy.

Note:  Under the Texas Medical Practices Act giving nutritional advice and counseling is permitted as long as the individual providing the nutritional counseling doesn't claim to cure a disease. Specifically, counseling people on how to use diet and dietary supplements to prevent and treat disease as well as homeopathic prescribing, which is a counseling procedure, is exempted from the Texas Medical Practices Act.  (If nutritional counseling were not exempted health food store clerks could be arrested for practicing medicine without a license). The Texas Medical Practices Act notes that the right to perform nutritional counseling does not give an individual rights to perform unauthorized medical procedures.

TEXAS MEDICAL PRACTICES ACT

151.053  APPLICATION TO CERTAIN PERSONS PROVIDING NUTRITIONAL ADVICE

(a)  This subtitle does not prohibit a person from giving advice regarding the use and role of food and food ingredients, including dietary supplements.

b.  Subsection (a) does not authorize a person to:

(1).  Practice medicine; or

(2).  state, in violation of law that a product might cure a disease, disorder , or condition.

151.054  APPLICATION TO SELF-CARE.  This subtitle does not prohibit:

(1).  A Person from providing or seeking advice or information relating to that person's self-care; or

(2)  the dissemination of information related to self-care.

(b)  This section does not confer authority to practice medicine.

Based on the advise of the National Advisory Committee on Institutional Quality and Integrity, Secretary of Education Richard Riley terminated Federal recognition of the Committee on Naturopathic Medical Education on January 16, 2001 effectively ending Federal recognition of the 4 year colleges of Naturopathic Medicine.  His comments were limited to the Southwest College of Naturopathic Medicine and mainly concerned their problematic financial administration and did not comment on the other participating colleges or the quality of their programs.  The only Federally recognized Naturopathic accrediting agency is now The American Naturopathic Medical Association (ANMA).  They are recognized by FICAM, the Federal Intermediate Council on Alternative Medecine.

Note:  Naturopaths are registered by the Washington D.C. Department of Health - Subchapter IX-Related Occupations- 2-3309.1 (B)  A person registered to practice naturopathy or naturopathic healing may counsel and treat human conditions through the use of naturally occurring substances in accordance with the requirements of this chapter. Also-"a naturopath may use physical modalities, and other treatments, commonly provided by naturopaths and not otherwise prohibited under the Act.

5099.1 Naturally occurring substances means food, natural vitamins, herbs and herbal preparations, roots, barks, homeopathic preparations, plant substances and natural medicines of of animal, mineral or botanical origin which do not require a prescription unless from a homeopathic pharmacy.

2-3309.(E). It shall be unlawful for a practitioner of naturopathy or naturopathic healing to:

1.  By use of titles or services , falsely lead any person to believe the practitioner practices medicine.

2.  Use x-rays, perform any surgical procedures, inject any substance into a person by needle, or perform any invasive procedure on another person:

3. Deliver infants

4.  Prescribe for or provide to another person any drug, substance or device regulated by the laws of the District or Federal governments or available by prescription only;

1-4 Constitute a Federal definition of the practice of medicine.

State of Texas-Occupational Code Social Workers

505.0025.  Practice of Social Work. (a)  The practice of social work (includes) enhancement of social, psychosocial, or BIOPSYCHOSOCIAL functioning of individuals couples, families, or communities. 

(b)  The practice of social work may include the provision of individual, conjoint, family, and group psychotherapy using the Diagnostic and Statistical Manual of mental disorders, the International Classification of Diseases, and other Diagnostic classification systems in assessment, diagnosis, treatment, and other activities by a person licensed under this chapter

NOTE- MEDICARE HAS ALWAYS PAID LCSW'S FOR SUPPORT SERVICES.  BIOFEEDBACK AND HYPNOSIS ARE SUPPORT THERAPIES IN THE MEDICARE MANUAL.  OTHER SUPPORT THERAPIES CAN INCLUDE MASSAGE, NUTRITION, REFLEXOLOGY, REIKI, AND AROMATHERAPY. SOME REQUIRE SPECIALIZED TRAINING.  THIS SITUATION VARIES FROM STATE TO STATE.  CHECK WITH YOUR MEDICARE REPRESENTATIVE AND LICENSING BOARD.  IF YOU HAVE DONE THIS AND ARE STILL HARASSED BY STATE OFFICIALS , GET THEIR NAME AND DEPARTMENT AND REPORT THEM IMMEDIATELY TO FEDERAL OFFICIALS. (THEY MAY BE SUBJECT TO PROSECUTION).

IF YOU ARE A SENIOR TEXAN AND ARE HARASSED OR OTHERWISE ABUSED BY STATE AUTHORITIES UNDER THE PRETEXT OF AN AUDIT OR OTHER OFFICIAL STATE BUSINESS FILE A COMPLAINT WITH MEDICARE AND/OR THE FBI.  YOU ARE ENTITLED TO BE TREATED WITH RESPECT REGARDLESS OF YOUR RACIAL OR ETHNIC BACKGROUND.

IF YOU ARE A STATE OFFICIAL AND YOU ARE AWARE OF ABUSES BEING COMMITTED AGAINST SENIOR TEXANS BY OTHER STATE OFFICIALS YOU ARE OBLIGATED UNDER FEDERAL LAW TO REPORT THESE ABUSES TO THE FBI AND/OR MEDICARE.

505.003.  Applications and exemptions.  This chapter does not apply to-(A)  the activity or service is conducted or performed within the scope of the person's license, certificate, or registration.

NOTE: Licensed health care providers and certified Naturopathic Doctors can use blood testing to make nutritional adjustments.

THE DIETARY SUPPLEMENT HEALTH EDUCATION ACT of 1994
Here is a key section of the Dietary Supplement Health Education Act of 1994 which was passed unanimously by both houses of Congress.
Congress finds that:
1. Improving the health status of United States citizens ranks at the top of national priorities of the Federal Government.
2. The importance of nutrition and the benefits of dietary supplements to health promotion and disease prevention have been documented increasingly in scientific studies.
3. (A) There is a link between the ingestion of certain nutrients or dietary supplements and the prevention of chronic diseases such as cancer, heart disease, and osteoporosis.
(B) Clinical research has shown that several chronic diseases can be prevented simply with a healthful diet, such as a diet that is low in fat, saturated fat, cholesterol, and sodium, with a high proportion of plant based foods.
4. Healthful diets may mitigate the need for expensive medical procedures, such as coronary bypass surgery or angioplasty.
5. Preventative health measures, including education, good nutrition, and appropriate use of safe nutritional supplements will limit the incidence of chronic diseases and reduce long-term health care expenditures.
6. (A) Promotion of good health and healthy lifestyles improves and extends lives while reducing health care expenditures
(B) Reduction in health care expenditures is of paramount importance to the future of the country and the economic well-being of the country.
7. There is a growing need for emphasis on the dissemination of information linking nutrition and long-term good health.
8. Consumers should be empowered to make choices about preventative health care programs based on data from scientific studies of health benefits related to particular dietary supplements.
9. National surveys have revealed that almost 50 percent of the 260,000,000 Americans surveyed regularly consume dietary supplements of vitamins, minerals, or herbs as a means of improving their nutrition.
10. Studies indicate that consumers are placing increased reliance on the use of non-traditional health care providers to avoid the excessive costs of traditional medical services and to obtain a more holistic consideration of their needs.
11. The United States will spend over $1,000,000,000,000 on health care in 1994, which is about 12 percent of the Gross National Product of the United States, and this amount and percentage will continue to increase unless significant efforts are undertaken to reverse the increase.
12. Dietary supplements are safe within a broad range of intake, and safety problems with the supplements are relatively rare.

AS LONG AS WE ARE ON THE SUBJECT OF THE LAW, I AM GOING TO DUST OFF MY LAW BOOKS FOR THE FOLLOW REFERENCE-

USC TITLE-42-CHAPTER 21B- 20000bb-1. FREE EXERCISE OF RELIGION PROTECTED-

(A). IN GENERAL

GOVERNMENT SHALL NOT SUBSTANTIALLY BURDEN A PERSON'S EXERCISE OF RELIGION EVEN IF THE BURDEN RESULTS FROM A RULE OF GENERAL APPLICABILITY, EXCEPT AS PROVIDED IN SUBSECTION B. OF THIS SECTION.

(B). EXCEPTION

GOVERNMENT MAY SUBSTANTIALLY BURDEN A PERSON'S EXERCISE OF RELIGION ONLY IF IT DEMONSTRATES THAT APPLICATION OF THE BURDEN TO THE PERSON-

(1)  IS IN FURTHERANCE OF A COMPELLING GOVERNMENTAL INTEREST; AND

(2)  IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT COMPELLING GOVERNMENTAL INTEREST.

(C)   JUDICIAL RELIEF

A PERSON WHOSE RELIGIOUS EXERCISE HAS BEEN BURDENED IN VIOLATION OF THIS SECTION MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST A GOVERNMENT.  STANDING TO ASSERT A CLAIM OR DEFENSE UNDER THIS SECTION SHALL BE GOVERNED BY THE GENERAL RULES OF STANDING UNDER ARTICLE III OF THE CONSTITUTION.