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This is from the American Herbalist's Guild Website www.americanherbalistsguild.com

Every state has medical practices acts which define what constitutes the practice of medicine. As herbal medicine is an unrecognized, unlicensed healing modality, we believe the most effective means for avoiding legal trouble is through the use of an Informed Consent/Full Disclosure form when involved with herbal consulting. Such a form discloses what your professional training and standards of practice are, and informs a client of what is to be expected from both parties. This form should not be misinterpreted as protecting a practitioner from legal action as it does not. It is designed to maximize the clarity of intent between the practitioner and the client, as well as to minimize the chance for client dissatisfaction that can lead to subsequent legal action. The herbal practitioner must be aware that if they are involved in the diagnosis or treatment of disease, then they can be persecuted for practicing medicine without a license.

  1. The value of informed consent/full disclosure is fourfold:

     

    1. Most complaints against health professionals are based on miscommunication. Many times the services or results expected by the client were not met, or issues regarding reimbursement may arise. The informed consent/full disclosure form provides clients with a clear understanding of the nature of your experience and work.
    2. Informed consent/full disclosure creates a contract between you and your client in which both have specific liabilities and responsibilities. Thus it limits the liability of the practitioner.
    3. Informed consent/full disclosure clearly states your standards of practice.
    4. Informed consent/full disclosure empowers your client to accept a greater measure of responsibility for their own healing process. It emphasizes that they are an integral part of this healing process, and honors their essential right of choosing the services they prefer. This in itself is an essential part of holistic healing with far-reaching benefits.

    Informed consent/full disclosure should also include information regarding client redress. If the client feels the services and/or information they have received were different than those represented; or if the client has reason to believe that physical harm has resulted due to negligence on the part of the practitioner; or if the client feels they have been mistreated in any way, the client should have the right to provide all pertinent information to a grievance committee. The American Herbalists Guild is willing to act as an informal liaison between a complaining party and a practitioner until more appropriate provisions are established. The information will be reviewed and an attempt made to facilitate meaningful and rationale communication to resolve the issue without litigation.

     

  2. Defining Standards of Practice

     

    1. Statement of philosophy, scope of practice and services rendered.
    2. Experience, training, credentials, continuing education, etc.
    3. What the client can expect, what is expected of the client.
    4. Assessment and treatment protocols.
    5. Reimbursement structure, fees and policies.
    6. Professional affiliations
    7. Commercial affiliations posing potential conflicts of interest.
    8. Information regarding client redress.
American Herbalists Guild
 
REVITILIZING OUR HERBAL TRADITIONS

Email: ahgoffice@earthlink.net
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