Was Herbalist Degree, now legal practice of herbalism in USA

[Guest guest]

--- Christa Maria <cmaria wrote:

> Ok..

> I got a lot of mail about my little flippant

> answer..

 

[snip]

 

Thanks to Christa Maria for this long, interesting and

informative post.

 

Christa Maria said a lot about the legal aspects of

the practice of herbal medicine...

 

> This is very hard to do, when you call yourself an

> 'herbalist'..

> For legally, you can not diagnose, nor prescribe

> anything in most States.

 

[snip]

 

And in large part I agree with you about the legal

risks of prescribing without the licensure but here's

a different take on that subject from a very

interesting guy:

 

http://www.rmhiherbal.org/a/f.ahr3.rights.html

 

I have checked him out with numerous sources, I am

very impressed with his program, and his comments on

English Common Law (ELC) match my own knowledge of ELC

as regards my previous life of 19 years as a Certified

Professional Landman (ELC derived laws re: land title,

contracts, death & heirship, etc.)

 

All in all, I tend to think he's right in his

conclusions as regards the practice of herbalism

(only, not to be confused with allopathic (MD)

medicine) in areas of the world, USA in particular,

where the canon of laws derive from ELC.

 

BTW, there's a lot more interesting stuff on his site

too, so if you have a moment, take a look around at

his articles.

 

Christina, L.Ac.

[Guest guest]

Christina,

You are right. This is must reading.

http://www.rmhiherbal.org/a/f.ahr3.rights.html

C-M

[Guest guest]

--- Christa Maria <cmaria wrote:

> Christina,

> You are right. This is must reading.

> http://www.rmhiherbal.org/a/f.ahr3.rights.html

> C-M

 

Glad you think so, I found it interesting too. As I

reviewed that particular article again, I realized it

was missing something that's found somewhere else on

his site but I cannot find quickly, so here it is as

it's relatively short:

 

- - - - - - -

I think you may find it interesting to read a key

document in the historical origin of the common-law

right of herbalists to practice without a license,

that has provided the foundation of Anglo-American

legal precedent in this matter, and which is relevant

in all nations and former nations of the British

Commonwealth:

 

Herbalist's Charter of Henry the VIII; 1543 A.D. The

Naturopathic Rights are covered in the Original 13

States of America under this charter. A copy of this

document was procured through the efforts of Dr.

Benedict Lust during his visit to England in 1907; the

text follows: Herbalist's Charter of Henry the VIII;

Annis Tricesimo Quarto and Tricesimo Quinto. Henrici

VIII Regis. Cap. VIII. An Act That Persons, Being No

Common Surgeons, May Administer Outward Medicines.

 

Wherein the Parliament holden at Westminster in the

third Year of the King's most gracious Reign, amongst

other Things, for the avoiding of Sorceries,

Witchcrafts, and other Inconveniences, it was enacted,

that no Person within the City of London, nor within

Seven Miles of the same, should take upon him to

exercise and occupy as Physician and Surgeon, except

he be first examined, approved, and admitted by the

Bishop of London and other, under and upon certain

Pains and Penalties in the same Act mentioned:

Sithence the making of which said Act, the Company and

Fellowship of Surgeons of London, minding only their

own Lucres, and nothing the Profit or ease of the

Diseased or Patient, have sued, troubled, and vexed

divers honest Persons, as well as Men as Women, whom

God hath endued with the Knowledge of the Nature,

Kind, and Operation of certain Herbs, Roots, and

Waters, and the using and ministring of them to such

as been pained with customable Diseases, as Women's

Breasts being sore, a Pin and a Web in the Eye,

Uncomes of Hands, Burnings, Scaldings, Sore Mouths,

the Stone, Strangury, Saucelim, and Morphew, and such

other Diseases; and yet the said Persons have not

taken anything for their Pains or Cunning, but have

ministered the same to poor People only for

Neighbourhood and God's sake, and of Pity and Charity:

And it is now well known that the Surgeons admitted

will do no Cure to any Person but where they shall be

rewarded a greater Sum or Reward than the Cure

extendeth unto; for in case they would minister their

Cunning unto sore People unrewarded, there should not

so many rot and perish to Death for lack or Help of

Surgery as daily do; but the greatest part of Surgeons

admitted been much more to be blamed than those

Persons that they troubled for although the most Part

of the Persons of the said Craft of Surgeons have

small Cunning yet they will take great sums of Money,

and do little therefore, and by Reason thereof they do

oftentimes impair and hurt their Patients, rather than

do them good.

 

In consideration whereof, and for the Ease, Comfort,

Succour, Help, Relief, and Health of the King's poor

Subjects, Inhabitants of this Realm, now pained and

diseased: Be it ordained, established, and enacted, by

Authority of this present Parliament, That at all Time

from henceforth it shall be lawful to every Person

being the King's subject, having Knowledge and

Experience of the Nature of Herbs, Roots, and Waters,

or of the Operation of the same, by Speculation or

Practice, within any Part of the Realm of England, or

within any other the King's Dominions, to practice,

use and minister in and to any outward Sore, Uncome

Wound, Apostemations, outward Swelling or Disease, any

Herb or Herbs, Ointments, Baths, Pultess, and

Emplaisters, according to their Cunning, Experience,

and Knowledge in any of the Diseases, Sores, and

Maladies beforesaid, and all other like to the same,

or Drinks for the Stone, Strangury, or Agues, without

suit, vexation, trouble, penalty, or loss of their

goods; the foresaid Statute in the foresaid Third Year

of the King's most gracious Reign, or any other Act,

Ordinance, or Statutes to the contrary heretofore made

in anywise, notwithstanding.

 

See for more information:

 

http://www.rmhiherbal.org/a/f.ahr0.intro.html American

herbalists' realpolitik: practice and politics of

Chinese herbology

 

 

=====

" Unless we put Medical Freedom into the Constitution, the time will come when

medicine will organize into an undercover dictatorship. To restrict the art of

healing to one class of men and deny equal privileges to others will constitute

the Bastille of medical science. All such laws are un-American and despotic...

The constitution of the Republic should make special provisions for Medical

Freedom as well as Religious Freedom. "

Dr. Benjamin Rush, a signatory of the Declaration of Independence.

[Guest guest]

Wow, that was good !!!

Hope Martin read it..

VVERRY interesting..............

C-M

[Guest guest]

--- Christa Maria <cmaria wrote:

> Wow, that was good !!!

> Hope Martin read it..

> VVERRY interesting..............

> C-M

 

Yes, isn't it?! Not exactly what those that believe

themselves to be Powers-That-Be would want one to

know, huh?

 

I am not sure, maybe Martin would like to weigh in

here, but I wonder if one could put EO's/Aromatherapy

under the umbrella of that legal tradition. I notice

that it says " waters " as a therapeutic agent,

certainly that's hydrosols and maybe EO's?

 

I really like the fact that the document says it's ok

for the herbalist's knowledge to be " speculative "

thereby making allopathic medicine have to step back

from insisting that one need know and demonstrate (in

THEIR paradigm aka the double blind study aka $$$) the

exact mechanism of action.

 

I have had a lot of correspondence with Roger Wicke

over the last year. I would not want to bet against

him winning if anyone including the US government

makes the foolhardy mistake of taking him on. He

seems to have his ducks well in a row.

 

CES, L.Ac.

 

=====

" Unless we put Medical Freedom into the Constitution, the time will come when

medicine will organize into an undercover dictatorship. To restrict the art of

healing to one class of men and deny equal privileges to others will constitute

the Bastille of medical science. All such laws are un-American and despotic...

The constitution of the Republic should make special provisions for Medical

Freedom as well as Religious Freedom. "

Dr. Benjamin Rush, a signatory of the Declaration of Independence.