Authority
December 27, 2005
Ms. Patricia A. Jackson
Internal Revenue Service
EO Group 7885, Stop 501-D, Room 1108
401 W. Peachtree St.
NW Atlanta, GA 30308-3539
RE: IRS inquiry on whether state approval is required for our licensing authority.
Dear Ms. Jackson:
No, state approval is not required for our licensing authority. The state's authority to license a profession is from the Tenth Amendment to the United States Constitution, the supreme law of the land, which says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Likewise, our licensing authority is from the Tenth Amendment to the United States Constitution also laws enacted by Congress, United States Patent and Trademark Office, Common Law Rights, United States Department of Internal Revenue Services under 501(c)(6) and Federal Regulations as expounded in the documents sent to the state legislature. As stated in those documents, Congress has not given the state control over private post secondary education.
The field of traditional naturopathy is not regulated by the state; therefore, it is not under the jurisdiction of the state. The Naturopathic National Council, Inc. has jurisdiction over the field of traditional naturopathy. According to the U.S. Department of Education national associations may set policy and regulate standards within their areas of jurisdiction. National associations may also exercise delegated power and authority in their areas of expertise; therefore, exercise legitimate control over the field of traditional naturopathy. Naturopathic National Council, Inc. ™ is an organization approved by the Federal Government, under the authority of the U. S. Patent and Trademark Office, to license the Doctor of Naturopathy, N.D. ™ and exercise legitimate control over the field of traditional naturopathy. (See page entitled Trademark)
The process of accreditation and certification are essential components in legitimizing degrees, diplomas and credits earned through private education and licensure completes that process. Licensure is the most essential component because licensure is the legal permission to practice the profession in which the degree or diploma was earned. The purpose for explaining my position to the State General Assembly in becoming a licensing agency is to make them aware of our rights in order to prevent conflicts. The legislature in some instances has overstepped the boundaries of their authority and has illegally made laws that are contrary to national law that adversely affect traditional naturopaths. Sincerely,
Beverly Betancur, N.D.
Chief Executive Officer
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