Wednesday, April 13, 2011

North Carolina not the only state trying to criminalize alternative health services

A closer look at the attempt by North Carolina legislators to criminalize anything other than state sponsored health care is quite revealing. Below is the bill text, sort of, with some observations about the language, or lack thereof, defining what this bill is actually intended to do.


What is apparent is that it is the first step in implementing various aspects of Codex Alimentarius which excludes any health practice not listed in the Codex. Codex specifically targets and intends to end the use of alternative therapies and also vitamins and supplements.

Please note that this bill does not contain any statement of legislative intent. In other words, what is the intention of this bill, exactly?
Now, commonsense would tell you that in all likelihood North Carolina already does have laws, regulations, statutes, codes and whatever else they could throw in there, on the books regarding the practice of medicine. And, I think it safe to presume there are also copious amounts of criminal statutes, regulations, etc., dealing with illegal practice of medicine. So what could be the possible future intention and use of this bill, as obviously it is not to simply reign in marauding fraudulent medical practitioners who might be invading North Carolina, performing surgeries, handing out toxic pharmaceuticals and not paying a fee to the state to perform these activities. The books are full of laws criminalizing and enforcement of illegal medical practitioners.

So let us take a closer look at this “bill” which is attached below.

The first thing you will note is that it says “a bill to be Entitled”, a clear indicator that the actual bill itself is either not written or not presented.

Second: There is no statement of legislative intent. This leaves interpretation of the bill up to the corporate state agency that will be charged with implementing the bill, along with writing, after the fact, statutes and regulations, including enforcement provisions which will of course establish a fleet of agents and operatives who will act as “medical police”.

Third: The bill deals with nothing other than making criminal, anything not registered, licensed and fees paid. This is not about health care or criminal activity (remember there are tons of laws on the books already dealing with this).

Its about establishing Codex guidelines and the collection of new revenue. It also will force the adoption of Codex guidelines as part of the contract (you applied for contract with the state asking permission to do business when you fill out the application for license). You are applying for a license to conduct business: this is an application of contract. Once you obtain the new license you are now bound to adhere to the code of the agency controlling the guidelines. Codes are the terms of contract law.

Fourth: The bill is so broadly written so as to allow broad interpretation by the agency charged with administering it. And this is where things will go awry.

While many of us immediately realized this bill was written vaguely so as to accommodate the coming criminalization of naturopathy, homeopathy, mid-wiving and aromatherapy, if it was performed without a license (you aren’t doing anything harmful or illegal you just aren’t paying the state another fee to do it) it would also adversely affect internet sales of vitamins and supplements, including herbal remedies. In order to sell via the net in North Carolina, you would have to register, pay the fee and get a license.

Also, conspicuous in its absence, is the definition of what “medicine” is under this bill. Is this orthodox state approved medical practice? Is it confined to this? Or does it include anything the state defines as medical practice after the fact?

Turns out all our suspicions were correct. The bill was intended as a broad catch-all that would by agency regulation be implemented to criminalize anything but state approved, registered, licensed and fee paid, health activity. Enter these three new bills, launched after SB 31 was outed for the attack on alternative health services that it was intended to be.

SB 467 Naturopathic Licensing Act (Hartsell, R-Cabarrus)
HB 522 Midwifery Licensing Act ( Human Services Committee)
HB 847 Naturopathic Doctors Licensing Act
Researching these bills I find that virtually every state of the Union is introducing identical bills simultaneously. In almost all instances these bills are being introduced by Republicans. This is a concerted effort across all states, by Republicans, to criminalize anything other than state approved, licensed, registered and fees paid alternative health practices. These bills are a direct attack on the individuals right to obtain the healthcare of their choice.

Apparently, North Carolina just as every other state finds no problem with toxic pharmaceuticals, vaccines and other lethal practices as long as these things are administered by state approved agents. Hundreds of thousands of people are harmed, and an average of 250,000 die each year by these things and yet we see no bills coming out of any state to stop, penalize or limit their use.

Anytime a legislator introduces a bill that lacks any real substance in the way of defining what the bill will address and is only one paragraph you can take it to the bank that the bill is not intended to do anything other than lay the foundations for agency regulations. Agency regulations are not subject to the constitution and do not recognize any rights or protections afforded you in that document. The real dirty deed will be done by the corporate state or federal agency. These kinds of vague and broadly written “bills” that lack any true definition or intention, are simply the keys used to open the doors to unconstitutional assaults on your rights.

Please check your own state for recent bills that address these same issues. North Carolina isn’t alone in this.

********

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 S 2 SENATE BILL 31 Judiciary I Committee Substitute Adopted 3/3/11 Short Title: Clarify Penalty Unauth. Practice of Medicine. (Public) Sponsors: Referred to: February 3, 2011

*S31-v-2*

A BILL TO BE ENTITLED

1 AN ACT TO CLARIFY THE PENALTY FOR THE UNAUTHORIZED PRACTICE OF

2 MEDICINE.

3 The General Assembly of North Carolina enacts:

4 SECTION 1. G.S. 90-18(a) reads as rewritten:

5 Ҥ 90-18. Practicing without license; penalties.

6 (a) No person shall perform any act constituting the practice of medicine or surgery, as

7 defined in this Article, or any of the branches thereof, unless the person shall have been first

8 licensed and registered so to do in the manner provided in this Article.

9 Any person who practices medicine or surgery without being duly licensed and

10 registered, as provided in this Article, the person shall not be allowed to maintain any action to

11 collect any fee for such services. The person so practicing without license being duly licensed

12 and registered shall be guilty of a Class 1 misdemeanor,Class I felony, except that if the person

13 so practicing without a license is an out-of-state practitioner who has not been licensed and

14 registered to practice medicine or surgery in this State, the person shall be guilty of a Class I

15 felony. any person who has a license or approval under this Article that is inactive due solely to

16 the failure to complete annual registration in a timely fashion as required by this Article or any

17 person who is licensed, registered, and practicing under any other Article of this Chapter shall

18 be guilty of a Class 1 misdemeanor.”

19 SECTION 2. This act becomes effective December 1, 2011, and applies to 20 offenses committed on or after that date. 21

No comments:

Post a Comment