Illinois Citizens for Health Freedom
Currently under the umbrella of the National Health Freedom Action, A Non-profit Organization
ICFHF in process to become a 501c(4)  Not-for-Profit Organization

Safe Harbor Act

Updated May 27, 2014

Illinois "Access to Complementary and Alternative Health Care Act".

 

Section 1. SHORT TITLE.--This act may be cited as the "Access to Complementary and Alternative Health Care Act".

Section 2. DEFINITIONS.--As used in the Access to Complementary and Alternative Health Care Act:

A. "complementary and alternative health care practitioner" means an individual who provides complementary and alternative health care services;

B. "complementary and alternative health care service(s)" means the broad domain of health care practices, healing therapies and modalities, and methods that are not prohibited under Section 4 of this Act and that are performed by a complementary and alternative health care practitioner who is not licensed, certified, or registered, as a health care practitioner in the state of Illinois. 

Section 3. LICENSING EXEMPTION.-- Notwithstanding Illinois licensing laws related to health care occupations and services, a person who provides complementary and alternative health care services and who is not licensed by the state of Illinois to practice a health care occupation does not violate the Illinois Medical Practice Act or the Illinois Dietetics and Nutrition Services Practice Act unless that individual:

A.  Engages in an activity prohibited in Section 4 of this Act; or

B.  Fails to fulfill the duties set forth in Section 5 of this Act.

Section 4. PROHIBITED ACTS. --A person providing complementary and alternative health care services shall not:

A.  Perform surgery on an individual or any other procedure that punctures the skin of the individual;

B.  Prescribe or administer x-ray radiation to an individual;

C. Set fractures on an individual;

D.  Prescribe or dispense prescription drugs, prescription devices, or controlled substances to an individual;

E.  Directly manipulate the joints or spine of an individual;

F.  Perform massage therapy on an individual unless the practitioner is an exempt practitioner under the Massage Licensing Act of Illinois Stat. 225, Chapter 57, Section 25;

G.  Make a recommendation to discontinue current medical treatment prescribed by a licensed health care practitioner;

H.  Hold himself or herself out as or imply that he or she is health care practitioner licensed by the State of Illinois;

I.  Make a specific conventional medical disease diagnosis;

J.  Have sexual contact with a current client; or

Section 5. DISCLOSURES.--Except for persons acting pursuant to the direction of licensed health care facilities or licensed health care providers while working within the scope of their employment or direction, a complementary and alternative health care practitioner shall do all of the following:

A.  Provide to a client prior to rendering services a client information document, either in writing in plain language that the client understands or, if the patient cannot read, orally in a language the patient understands, containing the following:

a. the name, business address, and telephone number of the person providing the complementary and alternative health care services;

b.  a statement that the person providing complementary and alternative health care services is not a health care practitioner licensed by the state of Illinois;

c. a statement describing the nature of the complementary and alternative health care services generally provided;

d. the degrees, education, training, experience or other qualifications, if any, regarding the complementary and alternative health care services to be provided held by the person providing the complementary and alternative health care service.

e. the fees per unit of service or/and the methods of billing for the complementary and alternative health care services generally provided. 

A copy of the client information document must also be posted in a prominent location in the office of the unlicensed complementary and alternative health care practitioner. 

B.  Obtain a written acknowledgment from a client or if the client cannot write, an oral acknowledgment witnessed by a third party, stating that the patient has been provided with a copy of the information document described in Section 5(A) of this Act.  The client shall be provided with a copy of the written acknowledgment, which shall be maintained for two years by the complementary and alternative health care practitioner providing the complementary and alternative health care service.

Section 6.  DISCIPLINARY ACTIONS.--In any proceeding against a person in violation of Sections 5A or 5B of this Act, a written notice and a meditative process shall be used to bring a person into compliance before proceeding with further legal action.  

Section 7.  EXEMPTIONS.  This Act does not apply to or prohibit:

(a)  Any licensed health care practitioner from practicing lawfully under regulation by a professional or occupational board, agency, or office under any other state law.

(b)  Any health care practice from being practiced if it is already exempt from professional practice acts or state law; or

(c)  A person from providing health care services who is otherwise exempt from professional practice regulation under state law.

(d)  The practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products.

Section 8. LIABILITY.--Nothing in this Act shall be construed to limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services who is not compliant with this Act.

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 Example List of Complementary and Alternative Services

 for Information purposes

Ayurveda;

Biofeedback;

Bodywork, including but not limited to Alexander Technique, Feldenkrais, Reiki,  Therapeutic Touch, Healing Touch, Rolfing, Trager Approach, Polarity Therapy, Orthobionomy, Asian bodywork, and Reflexology;

Aromatherapy;

Culturally traditional healing practices

D
etoxification practices including skin brushing

Energetic healing


Healing practices and recommendations utilizing food and its extracts; vitamins; minerals; and dietary supplements as defined in 21 USC 321 (ff)

Herbology or herbalism

Holistic kinesiology and other muscle testing techniques

 Homeopathy and homeopathic remedies

 Magnetic therapy

Mind−body healing practices

Natural elements and nutrients and physical forces of air, heat, cold, water, touch, sound, and light, as well as visualization and breathing techniques

Non-diagnostic iridology

Traditional naturopathy.

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