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The article below includes the unchanged original article from 1996 plus an (see last section, titled "Update, 2013 March". I used Roger's information for part of my defense, and was found to be in compliance with the law by the lawyer on the board.Updated version was first published in Plant Healer Magazine, Volume III, Issue III (2013 Jun 01). Probably as part of the same process, the medical board came after us with a sting operation at our clinic, over the phone and possibly also in person, and we passed.We are also careful about any language we put in writing in clients' files.The system isn't broken here in Boulder, for me, as an herbalist or any of the other herbalists in the region.
One of the most common methods for prosecuting an alternative practitioner is to document the manner in which the practitioner describes her practice to clients, both verbally and in printed promotional literature.Then I cited the case law that Roger includes in the article below.Also, we use proper language in our print materials, informed consent, and also, very important, on the phone and in person we apparently got tested both ways by informants.If you describe your professional purpose using words traditionally reserved to the medical profession, it will be difficult, but not impossible, for you to argue that you are not practicing medicine.You will have to demonstrate that in spite of the words you used, your intent was not to practice medicine but to help clients improve their health.
What Roger has written here is not just some theoretical bullshit I used this approach and cited the case law he gives, and it worked for me.