California’s Health Freedom legislation

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What is the “Health Freedom” law in California

• Senate Bill 577: sponsored by the California Health Freedom Coalition  

• Enacted: Signed by Gov. Davis, September 23, 2002. Effective January 1, 2003.

   

What SB-577 does

SB-577 creates a legal framework that:

1. Allows unlicensed complementary and alternative practitioners to operate more openly (offer, advertise, provide their services) as long as they do not engage in certain prohibited acts.

    

2. Requires these unlicensed practitioners to make disclosures to clients, in writing, that include:

   • That they are not licensed physicians.

   • Treatment is alternative/complementary, not licensed by the state.

   • What exactly is the service.

   • The theory behind their treatment.

   • Their training/experience/qualifications.

   • Obtain a signed acknowledgment by the client, in a language the client understands, and keep that record.  

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3. Defines a list of prohibited acts for unlicensed practitioners. These include (but are not limited to):

   • Surgery or any procedure that punctures the skin or harmfully invades the body.

   • Prescribing legend drugs or controlled substances.

   • Recommending that clients stop prescribed drugs.

   • Diagnosis and treatment in certain cases that pose great bodily harm, serious illness or death.

   • Use of X-ray radiation.

   • Setting fractures, treating wounds with electrotherapy.  

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4. Maintains that licensed health care practitioners (physicians, surgeons, etc.) are not affected — SB-577 does not change the scope of their licenses. It only creates protections / conditions for unlicensed providers of complementary/alternative therapies.

5.  Applies to a range of alternative and complementary practices, many of which are not licensed under California law (or are in some cases licensed in limited ways). Some examples: Apitherapy, Aromatherapy, Ayurveda, Bach Flower Therapy, Energy Healing, Folk/Traditional Healing Practices, Herbalism, Homeopathy, Mind-body Healing, Naturopathy (unlicensed practice), Polarity Therapy, Reiki.

Why it was passed / the rationale

• The law recognized that many Californians were already using complementary and alternative medicine/therapies, often across various age, cultural, and socioeconomic groups.  

• Previously, many such practitioners were technically in violation of the Medical Practice Act, even when their services didn’t involve licensed healing arts, dangerous practices, etc. This raised concerns of unfair restriction, consumer choice, and a chilling effect on non-licensed healers.  

• The law tries to balance freedom of access with consumer protection (via disclosures, prohibitions on high-risk acts).  

What the law does not do / limits

• It does not license these alternative practitioners or give them medical credentials. They remain unlicensed for state regulated “healing arts” unless they seek those licenses under existing licensing regimes.  

• It does not allow unlicensed practitioners to perform medical-only acts (as listed above). If they perform such acts, they are still at risk under medical practice law.  

• It does not mean all alternative therapies are endorsed or proven — the law does not change scientific or medical regulation/approval (e.g. for drugs, devices). It’s more about legal status of “non-medical complementary services.”

• Disclosures must be made; the client must acknowledge them. Failure to comply could expose the practitioner to legal risk.  

Impact

• Unlicensed alternative practitioners in California gained legal protection (or “safe harbor”) when operating within the constraints of SB-577.  

• Consumers have clearer information: practitioners must disclose training, what they are (not licensed etc.), what they are doing. This helps with informed consent.  

• Helps reduce fear of prosecution under medical practice act for practitioners who do not overstep the prohibited-acts
  

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Dear One,

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