History of Arkansas Healthcare Freedom Act
Ever since there has been a populated piece of land that today we call Arkansas, natural healing has been practiced. Natural, alternative and complementary healthcare providers serve possibly as much as 60% of the population today. Providers advertised and practiced without fear of persecution, because it was assumed that if a law did not exist prohibiting them from practicing that they had the right to render their services to consumers. In 2002, all of that changed when three naturopathic providers were charged by the Arkansas Attorney General with violating the Medical Practices Act, deceptive trade practices and other imagined violations of the law. All three were to be tried together on the same charges.
One certified naturopath settled out of court, paid a fine, removed Dr. and other objectionable information from her publications and continued her business. Another provider, a certified naturopath and Arkansas licensed Massage Therapist, refused to recognize the jurisdiction of the court and closed his business. One practitioner, who was a certified naturopath and Arkansas licensed Doctor of Oriental Medicine, chose to fight the charges through the courts. The Preliminary Injunction Hearing against the DOM was a perfect example of a kangaroo court. Many witnesses for the defense were not allowed to testify and even the scope of practice of the DOM was not allowed to be submitted into evidence, as well as many other things. When his attorney asked the judge for his reason for not honoring her objection or his refusal for not allowing submission of evidence, the judge would reply, “Because I said so.” Not one witness for the Attorney General’s Office had ever been to the clinic, been a patient, been a student or been a purchaser of products from the DOM. Not one patient, student or consumer would testify against the DOM for the Attorney General’s Office. The judge read his decision before the last witness could walk from the witness chair to the defense table. The decision had been written before the hearing and the hearing had merely been a pretense of justice. The DOM had not done any of the things that the judge’s decision prohibited him from doing, except publicly display his credentials as a naturopath. No law was cited prohibiting him from displaying those credentials. The cost of the litigation ruined the DOM financially. As a result, he now operates a clinic, but he charges his patients for his services where he once offered his services free.
During the Hearing, the Chairman of the Arkansas State Medical
Board testified that they would go from county to county shutting
down all alternative and complementary providers. This is why
individuals who wish to utilize the services of alternative and
complementary providers are working to secure passage of the
Healthcare Freedom Act.
In 2002, ARHFC was born and legislation was hurriedly put together
to assure freedom of healthcare choice in Arkansas. Representative
Jan Judy submitted the bill to Legislative Research. They advised
her that the bill was legally insufficient, so the bill was not
submitted to the General Assembly in 2003.
In 2005, Senator Denny Altes submitted the revised Healthcare Freedom Act to the Senate. Testimony was presented to the Senate Public Health, Welfare and Labor Committee. An acceptable amendment was suggested by a group of Christian Scientists. Opposition to the bill was from the Arkansas Medical Society, Chiropractic Association, Doctors of Osteopathy, Doctors of Oriental Medicine, Department of Health and most likely the Arkansas State Medical Board through the Arkansas Medical Society. A committee vote was not taken after the presentation. Without the knowledge of ARHFC, Amendment 3 from the Dietetic Association was placed in the bill. This amendment gutted the bill because it would have required any provider who gave nutritional counseling to secure a dietician’s license. All health care practitioners and providers are currently exempt from dietetic licensing. ARHFC requested that the bill be withdrawn if Amendment 3 could not be removed. It was not removed.
In the next general assembly, the revised HealthCare Freedom Act will be submitted to the General Assembly. Passage will depend upon individual contact with General Assembly members by all who wish to secure freedom of healthcare choice.
Choices in available healthcare should be our choice, not dictated by state law or state boards. In Arkansas, many of our rights to choose have recently been challenged. If you believe in the freedom of choice, protect your rights by supporting the Arkansas Health Freedom Coalition.
A free society has a great stake in protecting the unorthodox. It is through unorthodoxy that society grows. If unproven avenues are blocked what remains is already known and both progress and freedom are lost. Today's orthodoxy was yesterday's heresy and yesterday's orthodoxy is today's superstition. In today's quackery lies the emergence of future enlightenment. In the ultimate, the suppression of the freedom of one individual creative mind will kill more people than all the government programs will ever save.
"All that is necessary for the forces of evil to win in the world - is for good men and women to do nothing."
Edmond Burke
We invite you to join us in the creating of a society that embraces freedom in healthcare as well as religion.