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Lawsuit #1
      
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   Licensing Vs. Certification 

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Mr. Paul Bergner, Editor
"The Naturopathic Physician"
P.O. Box 33080
Portland, Oregon 97233

Dear Mr. Bergner:

As the Chairman and Vice-Chairman of the New Hampshire House Executive Departments and Administration Committee, we are writing to express our extreme concern over some blatant misstatements made in the lead article in the latest edition of "The Naturopathic Physician." This is the article entitled "New Hampshire Licenses NDs." The ED&A Committee is the standing legislative committee that has direct oversight over all of the professional licensing boards in the state. Our committee worked extensively on the bill to license naturopaths (HB 451), many issues were hotly debated and we sincerely hope that the full coverage that you promise for your next edition of "The Naturopathic Physician" provides an accurate description of the law that did pass in New Hampshire.

The opening sentence of the above cited article states: "On June 10th, New Hampshire governor Stephen Merrill signed legislation approving the licensing of naturopathic physicians." This is not true. Under the new law the use of the title "naturopathic physician" is illegal. RSA 328-E:14, I states" "Whoever, . . ., being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be called a physician or a doctor, . . ., shall be guilty of a misdemeanor and, upon conviction, shall, if licensed, have such license revoked.: The word "physician" was very deliberately removed from the list of titles that may be employed by naturopaths. At no time during the legislative process did the legislature ever consider naturopathic doctors to be of a similar professional stature or training to physicians licensed in the state. We believe that allowing naturopaths to use this term in their title would be very misleading to the public.

We note that New Hampshire naturopath Dr. Pamela Herring is a member of your Founder's Club. Dr. Herring was quite involved with every stage of the legislative process and is fully aware that she is prohibited from representing herself as a naturopathic physician licensed in New Hampshire. We believe that Dr. Herring has a responsibility to inform her national colleagues of this situation and trust she has done so.

 

Mr.Paul Bergner, Editor
"The Naturopathic Physician"
September 1, 1994
Page Two

We also note that your article claims that the New Hampshire law "allows a full scope of practice." It is true that naturopaths in New Hampshire are permitted to use natural medicines and therapies, but we feel compelled to point out that they are specifically prohibited from prescribing, dispensing or administering any legend or controlled substances, performing surgical procedures, practicing emergency medicine, and practicing or claiming to practice medicine, and surgery, osteopathy, dentistry, podiatry, optometry, chiropractic, physical therapy or any other system or method of treatment not authorized by law. This is hardly a "full scope of practice."

As we stated earlier, we look forward to reading a retraction of the claim or your latest article and an accurate article in your next issue of "The Naturopathic Physician."

Sincerely,