Herbalism and the Law Flashcards
What are herbalist not legally allowed to do?
Diagnose, treat, prescribe or cure illness
holding oneself out to the public as a medical professional
Diagnosis
Diagnosis is the act of identifying an illness or disease based on an examination of symptoms and other inputs (such as laboratory test results). Telling a client “you have a headache” or “your joints indicate that you have arthritis” or “it sounds like you have irritable bowel syndrome” is considered diagnosis. Even if you don’t use those words, your actions may express your intent of a diagnosis and treatment and therefore you may be perceived as practicing medicine without a license.
Treatment
“Medical treatment” is the management or care of an individual with the intention of combating an illness or a disease. Treating someone means addressing a diagnosis “by hygienic and pharmacologic remedies” (The Free Dictionary, n.d.). According to U.S. legal definition, observation and counseling are not considered medical treatment; this is one way that herbalists are able to legally consult with clients (not patients, who see licensed medical professionals).
Prescribe
To prescribe is to “give directions, either orally or in writing, for the preparation and administration of a remedy to be used in the treatment of any disease” (MediLexicon, n.d.).
What terms should herbalists avoid?
In general, it is recommended to avoid the following terms in all of your written material, business cards, websites, social media, labels, brochures, and client educational materials, as well as in your verbal dialogue with clients:
Diagnose Treat/Treatment Prescribe Medicine Cure Patient Provide therapy Administer medicine Relieve symptoms (Wicke, 2013).
Example of prescribing that crosses the legal line
There is a fine line between practicing medicine and not practicing medicine. Once you use a phrase such as “these herbs will heal/relieve/cure/treat/fix your headache/indigestion/arthritis” the legal line has been crossed.
How can herbalists legally describe their services to the public
“I assist people in building the general health and resistance of the body by providing nutrients and herbs that stimulate healing”
How can a herbalist describe the need for an individualized approach?
explain that each individual has unique metabolic differences, and that what may stimulate healing in one individual may be ineffective or perhaps even harmful to another
Instead of diagnosing illness
herbalists can assess an individual’s body and its functions.
Instead of providing “medicine” or “herbal medicine,”
herbalists can educate on positive lifestyle changes, food choices, and herbal support to ease imbalance and promote wellness.
Instead of “prescribing” herbs or recommending “therapies,”
herbalists can develop plans with suggestions to nurture the body and remove factors that hinder the body’s natural healing process. Herbal practitioners are inherently educators; they assist in supporting wellness by providing resources and information to those interested in the art and science of herbalism.
Instead of “prescribing” herbs or recommending “therapies,”
herbalists can develop plans with suggestions to nurture the body and remove factors that hinder the body’s natural healing process.
Herbal practitioners are inherently educators; they assist in supporting wellness by providing resources and information to those interested in the art and science of herbalism.
