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LO ULTIMO

 

Statutes

September 28, 2004

Senator Andrew McDonald:
General Assembly Public Health Committee
Legislative Office Building, Room 2500
Hartford, CT 06106-1591

Dear Senator McDonald:

Re: Request for Amendment of State Statutes on Naturopathy

1  Traditional naturopaths represented by the Naturopathic National Council Inc. hereby           
2  submit this document for the purpose of obtaining an amendment to the statutes on         
3  Naturopathy.
 
4  Sanctioned by national regulations to exercise delegated power and authority, the           
5  Naturopathic National Council Inc. officially sets the standards and scope of practice      
6  for traditional naturopathy.  As expressed in the accompanying documents, traditional          
7  naturopathy is a profession unregulated by the state, so it is within the jurisdiction of      
8  our national association to regulate the standards of the profession. 
                                                                  
9  Indeed, the foundation of any successful system is its laws and everyone should        
10 uphold them. However, traditional naturopaths are not subject to the state laws              
11 governing conventional naturopaths because traditional naturopaths are not involved     
12 in the practice of medicine as set forth in the State’s General Statutes.

13 The General Assembly has violated the eminent rights of traditional naturopaths and   
14 made laws that are in conflict with national law to disparage traditional naturopaths    
15   and violate their right to work and use their doctoral designation.

16 Traditional naturopathy is an unregulated profession and “The competent authority        
17 for the recognition of qualifications presented by persons seeking to work in the          
18 United States, in unregulated occupations, is the hiring employer.”
and not the state.                
19 (www.ed.gov U. S. Dept. of Education.  Competent Authority 06/16/04)  

20 Traditional naturopathy is an unregulated profession; and federal statutes have          
21 prohibited the state to be the competent authority for the recognition of the                         
22 qualifications of persons in unregulated occupations.  Nevertheless, the state has             
23 made itself the competent authority to decide whether or not traditional naturopaths               
24 can use their doctoral designation without regulating the profession.

25 According to the U. S. Department of Education  “Degree, diploma, and credit            
26 recognition is not performed or regulated by the federal government. Recognition is    
27 not usually done by state or local governments, either, except in the case of              
28 professional licensure.”
(www.ed.gov U. S. Dept of Education.  Foreign diploma and
29 credit recognition 06/17/04) According to the Tenth Amendment to the Constitution,
30 the states cannot establish laws that are prohibited to it by federal statutes.
31 Nevertheless, the states are violating the constitutional rights of traditional
32 naturopaths by establishing laws that are prohibited to it by federal statutes.  In the
33 hierarchy of laws,  “The United States Constitution is the supreme law of the United
34 States. Federal and State laws which violate the Constitution are said to be
35 unconstitutional and may be struck down by judicial review of the Supreme Court.”
36 (http://www.vidaamericana.com/english/uslaws.html)  American Laws and the
37 American Legal System 7/14/04)

38 Current statutes have eliminated our scope of practice because of refusal to                   
39 acknowledge our body of knowledge as legitimate. The vast knowledge of                     
40 traditional naturopaths has been considered of substandard quality because it has          
41 been acquired through independent studies and not in the conventional setting ofa      
42 classroom, despite the fact that the highest earned degree is from independent             
43 studies.  According to the U.S. Department of Education “The research doctorate is      
44 the highest earned academic degree in U. S. postsecondary education.  It is always             
45 awarded for independent research at the professional level in either academic              
46 disciplines or professional fields. Research doctorates are not awarded merely for       
47 completing coursework, professional preparation, or for passing examinations.”
   
48 U.S. Dept. of Education.  Research Doctorate Programs 7/18/04)  (www.ed.gov                          

49 Traditional naturopathy has been judged in the arena of conventional medical science               
50 instead of through the optic of its own merits as the art and science of preventative               
51 medicine. I expect that you will peruse the accompanying documents and conclude       
52 that in order for laws to impart justice they must be inclusive of everyone. The         
53 unconstitutionality of the current statutes demands an immediate amendment as
54 follows: 

55 Notwithstanding the requirements of the State’s General Statutes on                  
56 naturopathy no state license is required for insurers to credential traditional     
57 naturopaths, who are legally licensed by the Naturopathic National Council Inc.
58 to practice traditional naturopathy and use their doctoral designation according
59 to the standards and scope of practice as set forth by the Naturopathic National              
60 Council.

61 Be advised, our request for an amendment of the current statutes on naturopathy does
62 not constitute a request for permission to implement the licensing regulations of       
63 traditional naturopaths by the Naturopathic National Council Inc. The rights of          
64 traditional naturopaths are rights secured by law as exhaustively shown in these         
65 documents; therefore, the Naturopathic National Council will exercise its legal right to
66 begin licensing traditional naturopaths on November 30, 2004.

Thank you for your sincere cooperation.


Beverly Betancur, N.D.
Chief Executive Officer

Cc:  Legislatures, Licensing Boards, Attorneys General and Governors.


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