Current Issues and Alerts
From the Coalition of Handcrafted Entrepreneurs….Senator Hatch from Utah has entered the cosmetics regulatory reform debate in a significant way, by introducing his own legislation, which he is calling the “FDA Cosmetic Safety and Modernization Act” It has been assigned the bill number, S.2003.
This is a much different bill than the Feinstein-Collins plan. Under Senator Hatch’s bill, small businesses would be exempt from registration if they are home based or have less than $1 million in “net” revenue. While “net” is not defined in the bill, it is a term that typically incorporates the deduction of certain costs of operation from the overall or “gross” amount of revenue a business takes in. In this way, Senator Hatch’s bill continues to recognize the importance of protecting small business from impacts that could harm their ability to grow.
Like the Feinstein-Collins bill, the Hatch bill does require small business to comply with the adverse event reporting requirements and also would obligate producers to provide contact information so that consumers can contact the manufacturer in the instance of an adverse event. The bill also has a GMP requirement, but, if adopted, would require the Secretary of Health and Human Services to come up with special guidance for small business and extra time for compliance. The bill also calls for research into the safety of cosmetic ingredients.
Significantly, Senator Hatch’s bill is silent on many of the other components of the Feinstein–Collins effort such as ingredient uploading, safety substantiation, and perhaps most significant, fees.
Congress’ plate is pretty full for the remainder of the year with budget and tax related issues so we don’t expect to see near term action on this, but we will continue to monitor.
California SB 796 –
Congratulations California! We are pleased to report that the titles for traditional naturopaths will remain protected after SB 796 was signed by the governor on October 8, 2017! This bill sought to prohibit use of the titles “naturopath,” “naturopathic practitioner,” and “traditional naturopath” by complementary and alternative health care practitioners, including traditional naturopaths, legally practicing in California.
Under current law, the Naturopathic Medicine Committee (under the Osteopathic Medical Board) licenses and regulates the practice of Naturopathic Medicine. Current law sunsets the operation of the Committee on January 1, 2018.
*NEW AMENDMENT ADDED TO BILL*
SEC. 7. Section 3660 of the Business and Professions Code is amended to read: Require individuals to be licensed to use the terms “naturopath”, naturopathic practitioner”, or “traditional naturopathic practitioner”;
Please contact your Senators and urge them to vote NO on SB 796! Contact us at firstname.lastname@example.org if you need a list of Senators to contact.
On May 30th the Oregon Senate Committee on Health Care voted down an amendment that would have required a form of registration for health and wellness coaches. This amendment was written so broadly, giving up so much authority to the Health Licensing Office, that it could easily have been turned into a de facto license requirement. Working with educational institutions, corporations, labor groups, and practitioners from numerous disciplines, it only took the committee ten minutes to crush the amendment! Holistic nutrition professionals showed up in force and our voice was heard loud and clear!
North Carolina –
On May 11th the North Carolina House of Representatives unanimously passed legislation that would create an exemption for the unlicensed practice of nutrition. This will immediately, upon passage by the Senate and signed by the Governor, greatly improve the practice of holistic nutrition. Next this legislation will be considered by the Senate, where we expect it to also pass, and we should see it signed into law by the Governor soon thereafter. The legislative session will end around mid June, and with the dietitians and nutritionists all on board together with us, the prognosis is very good.
In the 2013 legislative session, Colorado passed two bills with important implications for natural health providers:
This bill established a Right to Practice for approximately 10,000 natural health providers (NHPs) in the state, and as such, was a major victory! For the first time in the state’s history, NHPs can practice without fear of restriction or regulation, so long as they provide a specified written disclosure to each client, do not engage in acts prohibited by the bill, and do not violate practice acts regulating licensed, certified or registered health care professionals.
This bill limits the use of the “N.D.” or “Naturopathic Doctor” title to those who were educated at an Accredited educational institution (accredited by a government-recognized accrediting agency). Individuals Certified by ANCB as a “CTN,” or “Certified Traditional Naturopath,” are free to practice with this title.