Dr. McCain's suit.

[Guest guest]

thought you would all like to read the actual suit and what is going on. this is from dr. mccains newsletter.

Suzi

HERBAL HEALER ACADEMY NEWS UPDATEVolume 6, Issue 8(Sept. 2002)*NOTE: The opinions and views expressed in this private on-line newsletter are from Marijah McCain and are protected by copyright laws in the U.S. Do not store this information or re-email it withoutwritten permission.* DECLARATION OF INDEPENDENCE...* AR. ATTORNEY GENERAL VS. HHA & DR. MCCAIN* CHARGES AGAINST HHA* WHO IS BEHIND THIS???* CHARGES AGAINST MARIJAH MCCAIN* WOW, READ THE SUPPORT LETTERS* BILL OF RIGHTS... FREEDOM OF SPEECH!**********************************************HAVE YOU READ THE DECLARATION OFINDEPENDENCE LATELY??? July 4, 1776It's Time You Took Another Look! http://lcweb2.loc.gov/const/declar.htmlWHEN in the Course of human Events, it becomes necessaryfor one People to dissolve the Political Bands which haveconnected them with another, and to assume among thePowers of the Earth, the separate and equal Station to whichthe Laws of Nature and of Nature's God entitle them, a decentRespect to the Opinions of Mankind requires that they shoulddeclare the causes which impel them to the Separation.WE hold these Truths to be self-evident, that all Men arecreated equal, that they are endowed by their Creator withcertain unalienable Rights, that among these are Life, Libertyand the Pursuit of Happiness -- That to secure these Rights,Governments are instituted among Men, deriving their justPowers from the Consent of the Governed, that whenever anyForm of Government becomes destructive of these Ends, it isthe Right of the People to alter or to abolish it, and to institutenew Government, laying its Foundation on such Principles,and organizing its Powers in such Form, as to them shall seemmost likely to effect their Safety and Happiness.July 4, 1776SUPPORT LETTERS PAGE & CURRENT INFO!http://www.herbalhealer.com/support-letters.shtmlPENDING CHARGES AGAINST HHA & DR. MCCAINBY THE ARKANSAS ATTORNEY GENERALWe received this Aug. 15th, 2002.Friends, I hate to have to copy all this, but I thought many of you might be interested in seeing exactly what is on the document we received from the Arkansas Attorney General's Office, so here goes...The State of Arkansas (the Plaintiff or the State), by and throughMark Pryor, Attorney General, and the undersigned Senior AssistantAttorney General and Assistant Attorney General, forPlaintiff's Original Complaint for Permanent Injunctive Relief and Civil Penalties against Southern College Of Naturopathy d/b/a SouthernCollege of Naturopathic Medicine, Gary Axley D.O.M. Herbal Healer Academy, Inc., Marijah McCain N.D., TheNaturopath Massage Clinic, and Robert Maki, LMT does hereby allegethe following:1. This civil action is brought pursuant to the Arkansas DeceptiveTrade Practices Act, ARK. CODE ANN. 4-88-1-1. et seq. andto, ARK. CODE 16-1-5-204, et seq.2. The State seeks to enjoin the Defendants from engaging in fraudulent and intentionally misleading and deceptive advertising that constitutes violations of the Arkansas Deceptive Trade Practices Act.3. The State also seeks to abate the public nuisance created as a direct and proximate result of Defendant's acts that are detrimentalto the health, safety, security, and welfare of the people of the State of Arkansas. 4. The State also seeks to have the Defendants pay restitution tothose consumers who have remitted monies to these Defendants for the services complained of herein. 5. In addition, the State seeks civilpenalties from Defendants for multiple violations of the Arkansas Deceptive Trade Practices Act, including, but not limited to, the fraudulent advertising and offering to confer upon consumersaccredited degrees in the discipline of naturopathic medicine through accelerated and/or correspondence courses in selected medical fields.State of Arkansas, ex rel, Mark Pryor, Attorney General of Arkansas, is the chief legal officer of the State with his principle office located in Little Rock, Arkansas. Pursuant to the ARK. CODE 4-88-104,the State many seek civil enforcement of the Arkansas Deceptive TradePractices against those parties alleged to be in violation thereof. The Arkansas Attorney General may redress acts that are detrimentalto the health, safety, security and welfare of the people of the State of Arkansas by bringing an action to abate a public nuisance. (You've got to love the public nuisance part. - Sheesh!)SPECIFIC CHARGES AGAINST HERBAL HEALER1. At all times relevant to this complaint, HHA has offered andcontinues to offer the service of training individuals to become naturopathic physicians through certain advertisements on the Internet. HHA offers to confer upon it's would be students an "Herbal HealerNaturopathic Doctor Certificate" after the student completes a correspondence course and passes a written final examination also administered by correspondence. (This is all true, except thenaturopathic physician part, we have never said this in anything we have ever published. Naturopathic doctor, yes, physician, never.) 2. HHA Offers home study courses in herbology, nutrition and chemistry, anatomy, reflexology, acupressure/accupuncture, homeopathy, massage therapy, and chronic diseases, plagues, death and dying.(This is entirely true, but our material has always been very clear that these courses do not entitle you to say, be a massage therapistand practice, etc. These courses are for this ND program and meant asan introduction so the student gets a good idea what part of naturopathythey like and can pick specialties in Naturopathy for further studies.) 3. HHA states that upon completion of these courses a prospective student will receive a document entitled, "Naturopathic Doctor Certificate" and then be eligible for the national board certificationwith the American Naturopathic Medical Certification and AccreditationBoard.(Yup, we sure do state that because it is true!)4. HHA Students are not allowed to take the NPLEX exam or transfercredits obtained at HHA to the nationally recognized and/or regionallyaccredited naturopathic medical institutes in the United States. (Right again, and we have never said our students could or ever implied that they would be accepted in the naturopathic medicalinstitutes or be able to sit for the NPLEX EXAM - what's that? LOL)Now it should be getting a little obvious who might be behind thisfolks. The ANMA have had some serious run in's with the 4 year naturopathic schools in this country. These 4 year schools train naturopaths to deal drugs and do surgery, that is not what we haveever been about, nor do we ever want to be! I encourage you to go tothe ANMA website and read about some of the past problems and a lawsuitthat Dr. Hayhurst won against them. (http://www.anma.com)ADDITIONAL EVIDENCE THAT POINTS TO WHO IS BEHINDTHIS SUIT AND WHO IS TRYING TO TAKE OVER ALL OFTHE STATES...They are trying to snowball everyone into believing that "they"control it all and there is no such thing as a Naturopathic Doctor,only "their" Naturopathic Physicians... Listen carefully tothe wording...1V. FACTUAL ALLEGATIONSNationally recognized and/or regionally accredited naturopathicmedical institutions support a national licensing procedureand the implementation of uniform standards for naturopathicphysicians. Inherent risks to patients treated by a NaturopathicPhysician include, but are not limited to:(i) complications of minor surgical procedures, (ii) misdiagnosisand/or mistreatment of physical and/or mental ailments,(iii) complications associated with the prescription ofpharmaceutical drugs...(Now hold on a minute... minor surgical procedures... HummmNaturopathic doctors don't do that... Diagnose... Hummm Naturopathicdoctors don't do that either... (Most of the people that I deal with have already been diagnosed and give up on by their medical doctors.) Complications associated with givingout prescriptions drugs... hummmm Naturopathic Doctorsdon't do that, as a matter of fact we discourage the use ofchemical drugs and have NO interest in going to school tolearn how to dish them out! So folks, it is pretty clear that thecorrupt medical drug dealers are trying to take over naturopathywith their bogus description of a Naturopath and cloaking itbehind the 4 year schools of Naturopathy. In the regulationsthat cover my license, it clearly says that a Naturopathic Doctorcan prescribe any natural occurring substance, use massageand other natural forms of therapy like hydrotherapy, etc.It also says that we are referred to as Naturopathic Doctors,not physicians.)Again, I encourage you to go to the ANMA web site and readthe Top Stories. Read about licensing vs certification.This organization has been certifying Naturopathic doctorsand accrediting schools like ours since 1981!http://www.anma.comSPECIFIC CHARGES AGAINST DR. MARIJAH MCCAIN1. At all times to this complaint, Defendant McCain, presidentand owner of HHA, has actively engaged in a pattern of deceptivetrade practices by causing and/or authorizing fraudulent andmisleading advertising regarding HHA's offer to confer uponit's students a Naturopathic Doctor Certificate after a studentcompletes a correspondence course in a selected medicalfield.(Hold the phone, here! Since when did Herbology, Massage,Reflexology, etc. become under the jurisdiction of the medicalfield. Are they teaching courses or practicing it at your localdoctor's office or hospital??? Secondly our program is nota single correspondence course and everyone knows that,it is a series of approved courses, 14 to be exact!)2. McCain has advertised and/or offered her services whileusing the abbreviations "Dr.", "M.D.", and "N.D." in connectionwith her name indicating that she is a medical and/ornaturopathic doctor. This advertisement is unlawful, fraudulent,and has a high likelihood of misleading consumers as to thequality and degree of expertise associated with herservice. (See Exhibit) (The Exhibit, by the way, is a copyof the front page of my newsletter. Go take a look.I even have a little disclaimer on there for the State of Arkansas.Also I have NEVER said I was a medical doctor, EVER!However I am recognized as a medical doctor in AlternativeMedicine in India - MD (AM) and I am proud of that. I amalso legally recognized as a Homeopathic Doctor in Britain.You bet I am a naturopathic doctor and I have been one for yearsand also have been registered with an occupational licenseas a naturopath. See my credentials (and this is not all ofthem, by the way) http://www.herbalhealer.com/credentials/index.htmlAnd that's all there is... I honestly do not know anythingabout the other people and their situations in this law suit.I have not met either one of them.WOW! READ THE SUPPORT LETTERS AND GET UPDATED INFORMATIONhttp://www.herbalhealer.com/support-letters.shtmlI would like to take this opportunity to once again thankeveryone who has written and e-mailed and sent in donations.We are collecting the letters for archiving and the lawyers andhave them posted on our website for viewing. Please keepthem coming as we really believe these will help us survivethis mess! This ordeal came as quite a shock since HHA hasbeen successfully operating in the State of Arkansas since 1988.We appreciate anything you can do to help us prove thatthey are wrong in charging us. Testimonials and commentsabout HHA, especially from Members who have used ourproducts and would like to see this company continue.If we allow this type of thing to happen to us, it won't be long andevery naturopath, herbalist and healer will be a target!This is really about YOUR rights to choose, get qualityeducation and information so you can make informed choicesabout your health and well-being. Unfortunately this isthe time when we have to FIGHT for these rights.BILL OF RIGHTS PROVIDES FREEDOM OF SPEECH! http://lcweb2.loc.gov/const/bor.htmlAmmendment 1. Congress shall make no law respectingan establishment of religion, or prohibiting the free exercisethereof; or abridging the freedom of speech, or of the press;or the right of the people peaceably to assemble,and to petition the government for a redress of grievances.

 

 

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