Florida's Opposition
March 10, 2006
M. Rony François, M.D., M.S.P.H., Ph.D.
Secretary, Department of Health
4052 Bald Cypress Way, Bin A00
Tallahassee, FL 32399- 1701
Dear Dr. François:
I spoke to Donna Erlich, Esq. of the Florida Department of Health on March 6, 2006 concerning the interpretation of your response to my letter dated February 6, 2006. Attorney Donna Erlich believes that an individual relying on a "naturopathic license" granted by the Naturopathic National Council, Inc. will be in violation of Florida’s law. On the contrary; it is the State of Florida that is in violation of the Naturopathic National Council’s federally registered trademark and the rights of traditional naturopaths in the State of Florida. The Naturopathic National Council, Inc. alone has the authority to issue naturopathic licenses in the State of Florida under the Dormant Commerce Clause, the Tenth Amendment to the United States Constitution and under federal trademark registration No. 3,047,099, registered Jan. 17, 2006, which authorizes licensure of traditional naturopaths nationally with the title Doctor of Naturopathy, N.D. or its derivatives.
Attorney Donna Erlich said that only the State of Florida has the right to license naturopaths; to the contrary, Section § 1 (a) of the Trademark Act provides that the owner of a certification mark must assert or exercise legitimate control over the use of the mark in commerce. Therefore, unauthorized persons including the seven doctors who are fraudulently licensed by the State of Florida as naturopaths cannot use the title Doctor of Naturopathy, N.D. or any of its derivatives without the authorization of the Naturopathic National Council, Inc. If they do, they will be subject to civil prosecution for infringement of the Naturopathic National Council’s certification mark.
Please let me know in writing if it is the personal opinion of Attorney Donna Erlich that naturopaths licensed by the Naturopathic National Council, Inc. cannot practice naturopathy in the State of Florida; or is it the State of Florida’s position.
Sincerely,
Beverly Betancur, N.D.
Chief Executive Officer
Cc: Senator Burt L. Saunders. Chair
Senate Committee on Health and
Human Services Appropriations
____________________________________________________________________________________
|