1. What is the problem?
2. What is the purpose of the NYNCPP bill?
3. Will there be additional expense involved for the state, client, or practitioner?
4. Does this bill protect the public from unethical, fraudulent, or dangerous practice or practitioners?
5. Does this bill seem to regulate spiritual healing practices?
6. Will the proposed legislation affect the cost of malpractice insurance?
7. Does this bill attempt to change the setup for currently licensed practices?

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1. What is the problem?
In summary, health care licensing law in New York only addresses the practice of the high risk medical arts, and massage. At the same time, courts and some state regulators have sought to apply these licensing laws to those who practice unlicensed natural arts, trades, and professions, regardless of the differences between the paradigms of the licensed and unlicensed practices and irrespective of the risks of the practices.

The enforcement and threats of enforcement of these licensing laws have resulted in unacceptable limitations on the public's access to natural and complementary practices that have been used for decades in New York. At a time when more Americans than at any time in history are choosing natural approaches to caring for themselves, supporters of NYNCPP believe that New York should modernize its laws to explicitly protect the unlicensed practice of trades and professions that do not pose a demonstrable risk to the health and safety of those who use these practices.
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2. What is the purpose of the NYNCPP bill?
The purpose of the proposed bill is to provide consumers in NY State with access to information about a wide range of complementary and alternative practices and to the practitioners themselves without unnecessary and costly over-regulation. Similar legislation respecting an individual's right to choose the practice and practitioner of their choice exists in Oklahoma, Minnesota, Rhode Island, and California, and is under consideration by consumers or legislators in over 30 states. | Top |

3. Will there be additional expense involved for the state, client, or practitioner?
The state will not be spending taxpayer dollars or forcing the costs of services to rise by over-regulating any unlicensed natural trade or practice. The cost to practitioners for registration under this bill are nominal.
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4. Does this legislation protect the public from unethical, fraudulent or dangerous practices or practitioners?
Yes. The legislation respects all local, state and federal laws that protect the public from unethical, fraudulent, and high risk practices. The proposed legislation explicitly forbids the practice of high risk or licensed professions by providers who are registered to practice natural and complementary care.
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5. Does this bill seem to regulate spiritual healing practices?
No. This bill does not regulate the way in which any provider practices; it only protects the rights of consumers to decide what they will do and whom they will see for natural and complementary care.

Spiritual healers should be aware of the following from Michael H. Cohen's book Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution. Cohen is Director of Legal Programs at the Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies, and a Lecturer at Harvard Medical School.

Quoting from page 10:

"Most medical practices acts have provided limited exemptions for those engaged in healing services of a religious nature. The exemption, however, typically has been limited to those practicing under the tenets of an established church and has not been extended to complementary and alternative ...providers. Indeed, some claims by providers purporting to be practicing "religion" rather than "medicine" have been rejected, on the grounds that patients have come seeking health improvement and that the concepts of "diagnosis" and "treatment" in the definition of practicing "medicine" are broad enough to encompass such providers.."

The NYNCPP bill will provide the same protection to those using spiritual practices that is extended to other natural and complementary practices. | Top |

6. Will the proposed legislation affect the cost of malpractice insurance?
No. This bill will not affect whether or not a practitioner chooses to carry malpractice insurance. Some do and some do not, as is the case with licensed practitioners. | Top |

7. Does this bill attempt to change the setup for currently licensed practices?
No. This proposed bill respects current licensing laws. In doing so, it acknowledges and affirms that many people choose to have licensed physicians, chiropractors, massage therapists, and acupuncturists while at the same time working with unlicensed natural and complementary providers.
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Please go to Mission for a more in depth look at the issues, and to Our Bill to see NYNCPP's proposed legislation.