Another piece
of legislation was introduced by Senator Moulton it involves
Consumer Choice and Wellness Act. Let us know your
thoughts
Informed
consumer choice is the key to our free-market system. Continued
consumer choice in healthcare should be no different than other
categories. Efforts to interfere with citizen’s access to
natural health choices can only cause harm to consumers in the
long run.
Complimentary
and Alternative Medicine (CAM) is a growing industry in our
state and nationwide. As of 2007, 38% of American consumers
spent $33.9 billion on out-of-pocket purchases of products and
services ranging from nutritional supplements and advice to yoga
and chiropractic care. Currently, over 17,000 Wisconsin
residents are estimated to be employed in professions related to
CAM.
This bill would
ensure CAM practitioners will be allowed to continue their
current practices as long as they follow rules established by
the legislation. Among other things, a CAM practitioner would
not be allowed to:
-
Claim or imply to be a health
care provider.
-
Recommend an individual
discontinue treatment already prescribed by a health care
provider.
-
Puncture the skin, manipulate
joints or the spine, or prescribe controlled substances
In addition,
before performing any paid services for an individual the CAM
practitioner must provide a written statement containing contact
information; acknowledgement that they do not hold a
certificate, permit, or license as a health care provider in
Wisconsin; a description of the complementary and alternative
health service that the person proposes to provide to the
individual; and a list of any credentials, or other
qualifications the provider has with respect to the service that
they propose to provide to the individual. In addition the CAM
practitioner must prominently display a similar statement in
their place of business.
Finally, if a
CAM practitioner violates any of the restrictions in this bill,
complaints can be filed with the Wisconsin Department of Health
Services which has the ability to bring the violator into
compliance. This legislation also states clearly that any
person suffering injury may sue for damages and may recover
treble the amount of his or her damages from a CAM practitioner.
Currently
Minnesota, California, Rhode Island, Louisiana, Idaho, Oklahoma,
and New Mexico have enacted similar legislation. Ensuring
consumers continued access to complimentary and alternative
medicine can do the following:
-
Lowers health care costs by
providing an active health care market, ensuring consumer
access to natural care providers.
-
Citizens take responsibility
for their health and improve their lifestyles when they pay
for services out of pocket thus reining in health care
costs.
-
Protect
Wisconsin health seekers' rights to access natural and
nutritional healing protocols.
-
Maintain
public access to unlicensed natural health providers who
will not be prosecuted for providing advice and services
that do no harm.
-
Maintain
public access to persons who sell nutrition supplements or
provide nutrition education who will not be charged with
practicing medicine without a license.
-
Protect
traditional, cultural therapies and remedies practiced
historically by persons who are not licensed or regulated by
the state.
-
Protect natural health
traditions, information, and practices for generations to
come.
Analysis by the Legislative Reference Bureau
Under current
law, a person must have a license, certificate, or permit
(license) to practice medicine and surgery, midwifery,
professional nursing, chiropractic, dentistry, perfusion,
respiratory care, physical therapy, podiatry, occupational
therapy, optometry, psychology, psychotherapy, clinical social
work, marriage and family therapy, professional counseling,
pharmacy, speech pathology, audiology, acupuncture, barbering or
cosmetology, aesthetics, electrology, manicuring, and selling
and fitting hearing aids. Additionally, a license is required
under current law to practice as a physician assistant or to act
as an ambulance service provider.
This bill allows
a person who provides a complimentary and alternative health
service (CAHS provider) to practice any of the above activities
without a license as long as they do not do any of the
following:
1. Puncture the
skin, except by pricking a finger for purposes of blood
screening.
2. Prescribe or
administer X−ray services.
3. Prescribe or
dispense a prescription drug, a controlled substance, or other
device that may only be prescribed or dispensed by a licensed
health care provider.
4. Perform a
chiropractic adjustment or manipulation of joints or a spine.
5. Recommend
that a patient discontinue treatment that is prescribed by a
licensed health care provider.
6. Make a
specific diagnosis using medical terms that are used in
conventional western medicine.
This bill
defines a complimentary and alternative health service as any
health care practice or method or healing therapy or modality
that is not one of the prohibited acts listed above and that is
provided by an individual who is not licensed to provide the
health care practice, healing therapy, or modality, or method.
Under this bill, if a CAHS provider does one of the prohibited
acts listed above, he or she is subject to any applicable
penalties for unauthorized practice. Additionally, a person who
suffers an injury due to a CAHS provider doing one of the
prohibited acts, may sue the CAHS provider and may recover
treble damages and costs, including attorney fees.
Under this bill,
before providing a complementary and alternative health service
for a fee, a CAHS provider must provide a consumer with written
information that contains the CAHS provider’s contact
information; the fact that the CAHS provider is not licensed as
a health care provider; a description of the complementary and
alternative health service that is to be provided; and the CAHS
provider’s education or other qualifications that relate to the
service that is to be provided. The CAHS provider must also
obtain written acknowledgment from the consumer that he or she
received the required written information and post a similar
written statement in a place that is visible to consumers. This
bill also requires a CAHS provider to update the required
written information to reflect any relevant changes and to
obtain a new written acknowledgment from a consumer before
performing a complementary and alternative health service after
the written information is changed.
Under the bill,
a CAHS provider who fails to provide a consumer with the
required written information or fails to obtain the consumer’s
written acknowledgment may be subject to a forfeiture. The
Department of Health Services may also pursue a temporary
restraining order or permanent injunction against the offending
CAHS provider