LOUISIANA HEALTH FREEDOM
COALITION DISCLOSURE BILL ENACTED INTO LAW By
Steve Adams, JD Senate
Bill 451, by Senator Shannon Weston-Broome, was signed by the Governor on July 26, 2006 and became Act
655 of the 2006 Regular Session of the Louisiana Legislature. It became effective August 15, 2006.
The
bill, sponsored by the Louisiana Health Freedom Coalition, was designed to expand the legislative recognition of alternative
health modalities by inclusion of “lifestyle modifications”, while assuring that the consumer is fully aware of
the qualifications of the alternative health provider. Essentially,
the law requires those who “provide information or make recommendations requiring lifestyle modifications, food, dietary
supplements, or homeopathic remedies” to give consumers a written disclosure containing: The name, business and telephone
number of the vendor; The fact that he or she is not licensed, certified, or registered as a “health
care provider” in the state of Louisiana; That any food or dietary supplements being recommended
are not medically prescribed drugs; and If applicable, the degree or degrees, training, or credentials of
the vendor regarding services provided
A copy of the disclosure must be signed by the consumer and retained by the provider As used in
the legislation, “lifestyle modifications” is defined as “the broad domain of traditional or homeopathic
health care practices and other complementary health practices and services provided by a person who is not licensed certified,
or registered to perform any of the following services or practices: -
Practicing medicine or performing surgery as defined
in R.S. 37:1262. Prescribing
or administering any procedure involving ionizing radiation. Prescribing, dispensing, administering or recommending
the discontinuance of a prescription drug or device. Performing a chiropractic adjustment of the articulation
of the joints or spine. Holding out, stating, indicating, advertising, or otherwise implying he is a health
care provider, as defined in R.S. 40:1299.41(A)(1), or performing the authorized prerogatives of the scope of practice
of an individual credentialized by any licensing, certification, or registration board or agency of the state. Nothing in this
part shall be construed as being applicable to a member of the clergy or religious non-medical care vendor.
The law further
provides that the attorney general or district attorney shall issue “cease and desist” letters to anyone violating
these requirements. It
is felt that the revisions will serve to expand legislative recognition of alternative health providers, and the Louisiana
Health Freedom Coalition will continue to strive to further expand this acceptance. A disclosure form containing the basic requirements
of Act 655 will be posted on the Louisiana Health Freedom Coalition website at www.lahfc.info.
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