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Top Stories 27th
Annual Convention (7/25/08)
Convention
Lecture Legislation Journal
of the American Naturopathic Medical Association (JANMA) Facts |
ANMA Convention, A Call For Unity! Payless Car Rental, Offical Car Rental For ANMA
To advertise in the ANMA Monitor or ANMA MONITOR ONLINE
FROM THE PRESIDENT
It gives me great pleasure addressing you in this final ANMA Monitor of the year 2000. It has been an exciting, positive year for ANMA, and I want to take this opportunity to wish each and every one of you a happy and healthy holiday season, as well as a prosperous new year. With a successful convention behind us and plans for a new one, I encourage you to continue your support for this hard working organization. In 2001 there will be a flood of legislation across the country that will attempt to deprive you of your practice. ANMA will be fighting hard to keep legislation fair for you. Additionally, ANMA will be supporting legislation that will recognize practice rights of the "certified" individuals. Such certification legislation is encouraged and necessary for our members to reinforce their right to practice Naturopathy in their state. ANMA will keep you informed as legislation is introduced in different states. It will take many letters, calls, faxes, and e-mail to convince legislators they should act favorably on a piece of legislation. I was very pleased and proud when the positive thinking ANMA Board of Directors passed unanimously, a "Call for Unity" within the naturopathic profession. This proclamation is sorely needed when statistics show that only 2% of the public visit practitioners of Naturopathy. Such small numbers prove, that collectively and agreeably, more of our expenditures should be spent on educating the public regarding the benefits of Naturopathic healthcare. If Naturopathy is to be accepted nationally, it is the leaders in the profession who must make it happen. This is a small profession, only through unity and working together, can it happen. To be effective we must all be united. ANMA will hold its next convention at the Tropicana Hotel in Las Vegas, Nevada on September 14, 15, & 16, 2001. A credible, rewarding program is being planned for you. I am happy to announce that the American Association of Nutritional Consultants, and the American Academy of Quantum Medicine will co-sponsor the convention. Mark your calendars and plan to attend.
Nutrition For Special Needs Children By: Robert J Thiel, Ph.D., N.D.
When you have a child with special needs, trying to make sense of your options can often be frustrating. However, whether the child has attention-deficit disorder (ADD), attention-deficit hyperactive disorder (ADHD), autism, Down’s (trisomy 21), or other conditions, nutrition probably deserves your involvement as it specifically may play an important role that you can help support. Of the special needs conditions, nutrition for those associated with various attention disorders may have received the greatest attention, with Feingold considered to be a major pioneer in this area [1]. More recent research also gives clues that nutrition can be helpful for special needs children. Attention Disorders A recently published preliminary pretest-posttest study this investigator performed involving diet and supplementation for those with ADD and/or ADHD found nutrition to be effective [2]. The study involved 36 subjects, most of whom were children. 3 subjects dropped out. Of the 33 who remained, all 33 reported (or, in the case of minors, had their parents or teachers, report) improvement. In this particular study, the specific nutritional protocols varied based upon individual assessment. The types of substances used included flaxseeds, vitamin B6 (and other B vitamins), l-tyrosine, bovine glandulars, calcium, magnesium, chromium GTF, GABA (gamma-amino butyric acid, an important inhibitory neurotransmitter), proanthocyanidins, alfalfa, enzymes, and other substances—some of the nutrients in these substances appear to be deficient in some with this disorder [3]. Food intolerances were found in 28 (90.3%) of the participants. Those foods by occurrence were bovine dairy products 41.9%, food colors/preservatives 22.6%, refined carbohydrates (sucrose, white sugar, white flour, white rice) 19.4%, wheat (whole and white) 19.4%, and caffeine containing products 9.7%. One participant each appeared to be bothered by apricots, black pepper, brown rice, chocolate, citrus, millet, and oats. Food intolerances reportedly can cause a variety of behavioral problems including specific learning disability, perceptual-motor deficits, hyperactivity, coordination issues, impulsivity, emotional lability, short attention span, and abnormal electroencephalograms [3,4]. It has been reported that foods high in salicylates (almonds, apples, apricots, blackberries, cherries, cloves, cucumbers, gooseberries, grapes, mint, nectarines, peaches, plums, raspberries, strawberries, tomatoes, etc.) should be avoided by some of the hyperactive [3]. It is this investigator’s opinion that the specific protocol to improve such children varies considerably and that all children with ADD or ADHD do not need to avoid all those foods or those previously mentioned in this article (though since artificial preservatives and artificial colors are not foods and are of no value nutritionally, it does not make sense for anyone to consume them unnecessarily). The effects of various sugars on attention-disorders remains controversial. Essentially, some believe white sugar (sucrose) negatively affects many with this problem [1], some believe it plays no role [5], while some research this investigator has seen (including his own [2]) [4,6] concludes that it does sometimes play a negative role. On the other hand, an interesting study found that the consumption of essential monosaccharides seemed to improve the behavior of children with ADHD (the eight monosaccharides essental for the formation of glycoproteins are galactose, glucose, mannose, N-acetylneuraminic acid, fucose, N-acetylglucosamine, and xylose [7,8]) [9]. Glycoproteins are responsible for proper cell to cell communication [7,8,10]. Glycoproteins are found on the surface of all cells. They are known to be necessary for collagen, mucin (a lubricating and protective agent), transferring & ceruloplasma (transport molecules), TSH (thyroid stimulating hormone), chorionic gonadotrophin hormone, enzymes (such as alkaline phosphatase), proteins in cell-cell interactions, and some lectins [7]. Modern food processing techniques appear to reduce the natural diversity of monosaccharides in the diet (most people only consume glucose and galactose in any quantity). Although the mechanisms of how saccharides affect attention-disorders remains unclear, it does appear that for some at least some saccharides (such as sucrose) may play a negative role and that others (such as some of the essential monosaccharides) may play a positive role. Docosahexaenoic acid (DHA) which is found in human breast milk and fatty fish (salmon, mackerel, tuna) is required for the maintenance of normal brain function in adults and neural development in infants [11,12]. Deficiencies of DHA are associated with deficits in learning [11]. DHA may be helpful for many children with special needs. As it is not found in standard infant formulas [12], it is likely that many today received too little DHA as infants—some believe that this may partially account for an increase in learning and other developmental disorders [11] (it is also true that the amino acid concentrations in infant formulas is quite different from that found in human milk—human milk normally has more alanine, aspartic acid, glutamic acid, glutamine, leucine, lysine, methionine, proline, serine, and threonine [13]). It has also been reported that DHA helps facilitate the transport of calcium and magnesium through the cell membrane [14] and perhaps this has a calming effect (this investigator’s clinical experience suggests that those who are deficient in calcium and/or magnesium frequently cannot calm down). Autism Various reports support the concept that certain nutrients are helpful for autistic children. Specifically folate, vitamin B6, magnesium, vitamin C, and probably vitamin B12 [15-18]. Folate may help some young autistic males reduce ADD-like symptoms [19]. It is reported that the combination of supplemental vitamin B6 and magnesium often results in improvements in days [17,20]—this may be because supplemental magnesium has been shown to help those under extreme physical stress, such as athletes, by increasing venous oxygen [21] and because vitamin B6 is a coenzyme for many reactions that lead to the production of several neurotransmitters [22]. This investigator has found the combination of vitamin B6 and magnesium in moderate amounts to result in reports of behavioral improvement by parents of autistic children. Vitamin C itself is believed by some to be helpful for the prevention and treatment of autism basically because it is highly concentrated in the brain, is protective against heavy metals, and seems to help with the socialization of some autistic individuals [18]. Tryptophan depletion has been found to increase negative behaviors such as flapping, banging, and hitting, as well as to reduce calmness and happiness in autistic adults [23]. N,n-dimethylglycine (DMG), an amino acid derivative, is naturally found in the human body and supports transmethylation processes [24]. There is a report of a Korean study which used DMG for autistic children which found that it improved verbal communications and behavior, while a report of a Taiwanese study suggests that DMG reduced lethargy in autistic children, but did not improve speech [25]. It, as well as the related TMG (trimethylglycine) [26], is sometimes used for children with Down syndrome as well—this investigator has received reports from various sources (including our clientele) that these substances seem to improve verbal abilities of autistic and Down’s children. Rimland has reported that the digestive hormone secretin is also believed to help some autistic children improve verbal communications [27]. This may be consistent with reports that avoidance of dairy and wheat sometimes helps those with autism [28]. It has been reported elsewhere that a high percentage of autistic children have a ‘mutant’ protein that is created by the consumption of gluten and/or casein containing foods and which negatively affected behavior [29]. Down Syndrome Although the use of nutrition for persons with Down syndrome (and other conditions) has been repeatedly challenged [30-32], even some mainstream researchers have recommended vitamin and mineral supplementation for those with Down syndrome [33,34]. Early work done by Turkel [35], more recent work by Warner [36], Lawrence-Tafoya [30], and Leichtman [37], as well as an earlier study by Harrell et al [38] concluded that nutritional interventions did raise intelligence of persons with Down syndrome. Many have criticized these researchers and have concluded that nutritional interventions are not effective [30,32,39]. Since one study found that zinc reduced TSH by 34% for hypothyroid Down syndrome patients [40], it is possible that the supplemental zinc may also positively affect some symptoms. It has been speculated that zinc deficiency may be a cause of subclinical hypothyroidism in Down’s syndrome children [40]. Down syndrome patients may have below normal plasma levels of selenium and zinc and some have benefited from zinc supplementation [41-44]. Antioxidant nutrients have been reported to help Down’s children [35-37], but others have disagreed [30,32,39]. A study involving Dutch children with Down syndrome concluded that those children were more prone to have celiac disease than other Dutch children, but not more likely to have a cow’s milk intolerance [45]. Celiac disease seems to increase IgA and IgG in Down’s patients [46]. A German study concluded that children with Down syndrome had higher bovine serum albumin antibody levels than others [47]. Warner and some others involved in nutritional interventions for trisomy 21, often advise against the consumption of cow’s milk. Summary In addition to the dietary factors and nutrients listed earlier, many other substances such as vitamin E, ginkgo biloba, co-enzyme Q10, and phosphatidylserine are believed by some to increase intelligence and improve some aspects of behavior [48]. This paper has barely touched on the substances that may have value for special needs children. There is no one nutritional approach that works for everybody. Good nutritional health professionals strive to keep up with research and how it can be applied in real life (such as with your child). It may take several decades before all the primary controversies surrounding the use of nutrition for special needs children are resolved to the satisfaction of some scientists. As for this scientist and father of a special needs child, the research of others and the results of the clinical practice in his office clearly demonstrate that various aspects of nutrition (including diet and appropriate supplementation) can be helpful for special needs children. This is an area all parents of special needs children should look into, as well as to discuss any applications with a properly trained nutritional health care professional.
Underactive & Overactive
Thyroid, By: Judith A. DeCava, C.C.N., L.N.C.
After diabetes, thyroid disease is the most common glandular disorder affecting about 20 million Americans, usually as hypothyroidism (underactive thyroid) or hyperthyroidism (overactive thyroid). However, because symptoms are often mistaken for excess stress, depression, signs of aging, or are simply ignored, many cases of thyroid imbalance – up to 8 million - are not identified. By age 60, 17 to 20% of women and 9 to 10% of men have signs of low thyroid function. Nestled just below the Adam’s apple in the base of the neck, the thyroid gland is a butterfly-shaped (two-lobed) structure that weighs less than an ounce and produces less than a teaspoonful of hormone each year. Yet these hormones have a huge impact as the body’s "accelerator," controlling the tempo or pace of all internal processes. They regulate how much energy the body uses, body weight, how the body uses nutrients, the rate of operation of virtually every organ and system in the body, pacing the heart, lungs, digestive tract, brain, and metabolic action of each cell. In addition to facilitating normal cell reproduction and growth, the thyroid regulates the rate of oxidation (use of oxygen) in all tissues, repair of damaged or diseased tissues, glucose liberation from the liver to the bloodstream, sense activity, water balance, function of circulating systems, muscles, nerves, sex organs, fat metabolism; and more. Since the thyroid controls the metabolic rate of every cell, it affects pathological conditions as they develop. Thyroid disorders are more common in women, but men "are not immune." Often the tendency for thyroid imbalance runs in families. A malfunctioning thyroid can adversely affect – damage – other organs. Though the thyroid can be the site of benign or malignant growths, thyroid cancer "is relatively rare." The three "active" hormones produced by the thyroid are: triiodothyrine (T3), thyroxine (T4), and calcitonin (used in calcium metabolism). Normal secretion of thyroid hormone depends upon the "intact" feedback loop involving the hypothalamus, pituitary, and thyroid glands. The adrenal glands and other glands and organs (including the liver) can also be involved. Thyrotropin-releasing hormone (TRH), produced by the hypothalamus, stimulates the anterior pituitary gland to secrete thyrotropin – thyroid stimulating hormone (TSH) – which, in turn, stimulates the thyroid gland to release thyroxine (T4) and triiodothyronine (T3). Release of TRH and TSH is suppressed (balanced) by the action of T4 and T3 to complete the feedback loop. Laboratory tests include measuring levels of T3, T4, and TSH. TSH is usually the first, and sometimes the only, indication of thyroid imbalance as it is sensitive to mild imbalances. If the TSH level is high (above normal range), this indicates hypothyroidism. The pituitary gland is "nudging" or instructing the thyroid to secrete more hormone when it is "not quite up to the task." The T3 and T4 may be normal if the thyroid is attempting to keep up with the demand; this is subclinical hypothyroidism. If the TSH is low (decreased), hyperthyroidism is indicated. The pituitary gland is "telling" the thyroid to slow down, not to produce so much hormone. Again, the thyroid is under stress, but if it is keeping the T3 and T4 levels normal, subclinical hyperthyroidism exists. T3 and T4 tests are not as sensitive as TSH, so even with some hormonal imbalance, may not appear outside normal limits until severe (clinical) disruptions exist. For example, a 15 to 20% decline in the secretion of thyroid hormones is not enough to register below normal in T3 and T4 blood tests. But it can cause a 50 to 100% increase in the TSH level – more than enough to raise it above normal range. 1 SIGNS AND SYMPTOMS Hypothyroidism (failure to produce sufficient hormones) is the most common thyroid dysfunction. The majority of cases are diagnosed as Hashimoto’s thyroiditis. Symptoms may include any of the following, though certainly all will not occur simultaneously and some will not occur at all: Fatigue, low body temperature, dry skin/hair. inappropriate weight gain, brittle nails, insomnia and/or narcolepsy, poor short-term memory and concentration, headaches, migraines, menstrual or menopausal problems or irregularities, depression, hair loss (including outer third of eyebrows), low motivation and ambition, cold hands and feet, fluid retention, dizziness or lightheadedness, irritability, food intolerances, hoarseness, eye conditions such as myxedema (bulging, drooping eyes), skin problems/acne, infertility, miscarriage, dry eyes, blurred vision, puffiness around eyes, heat and/or cold intolerance, low blood pressure, elevated cholesterol, digestive problems (irritable bowel syndrome, acid indigestion, constipation, etc.), poor coordination, diminished sex drive, reduced or excessive sweating, frequent colds/sore throats, slow healing, exaggerated post-prandial response, itchiness, food cravings, decreased appetite, recurrent inflammations, angina, changes in kidney function, carpal-tunnel syndrome, slow speech. Low thyroid activity may be likened to an engine that idles too slowly and, when required to move, cannot burn fuel properly so runs sluggishly. The horsepower (functioning ability) is depleted. Decreased thyroid hormone "can reduce the strength and resistance of every cell, including the billions involved in the immune system…" A common complaint is fatigue as thyroid hormones are vital to energy production. The mitochondria in each cell are the principal sites for the generation of energy. T3 and T4 "fire up" mitochondria to burn oxygen. With decreased hormone available, cells burn less oxygen, less energy is produced, and the body and brain become sluggish. T3 interacts with neurotransmitters in the brain, so emotion and mood are effected. Sadly, many symptoms are frequently dismissed as a "normal part of aging," a psychological problem, overwork, or some other condition. Up to 20% of all chronic depression cases stem from low production of thyroid hormone. However, medical treatment for depression is usually prescribed and thyroid tests are never performed. Some overweight people are convinced their "metabolism is slow" because of a thyroid problem. Yet the vast majority do not have underactive thyroid. Actually, conspicuous weight gain may not occur in many people with hypothyroidism. A sufferer is likely to get a little heavier because of the slower metabolism, but the average gain is only five to ten pounds. Individuals with hypothyroidism have significantly higher intraocular pressure in both eyes than do controls. Thus many diagnoses of glaucoma (or intraocular pressure thought to precede glaucoma) may need therapy for the thyroid rather than the eyes. Enlarged salivary glands are common – parotids, submandibular, and especially sublingual glands. Women over age 65 with high blood levels of LDL (so-called "bad") cholesterol are likely to have an "undetected" underactive thyroid condition. Hyperthyroidism (excessive level of thyroid hormone) is less common than underactive thyroid and usually produces different symptoms. Generally, too little thyroid hormone tends to slow the body’s functions, and too much hormone tends to speed them up. The most diagnosed form of hyperthyroidism is Graves’ disease, followed by toxic multinodular goiter and toxic adenoma. Iodine status affects incidence of all forms. Symptoms of hyperthyroidism may include: Nervousness, anxiety, jitteriness, irritability, feeling "wired," muscle weakness, tremors of the hands, soft nails, rapid heartbeat, heart palpitations, weight loss, eyes appear wide open with little blinking, eyes may bulge outward (inflammation and buildup of tissue behind eyes), eye irritation, increased pressure on optic nerve, churning in stomach, frequent bowel movements, difficulty concentrating, memory problems, weakness, general fatigue, difficulty sleeping, heat intolerance, sweating, scanty menstrual periods, infertility, warm moist palms, hair loss, low blood cholesterol levels, accelerated bone loss especially in elderly women, enlarged thyroid (goiter), atrial fibrillation (heart rhythm disturbance), thyroid crisis or "thyroid storm" (drowsiness leading to stupor, fever, cardiac irregularities, dehydration, congestive heart failure, diarrhea, jaundice). People with hyperthyroidism feel supercharged like an engine idling too fast. Metabolism speeds up. The body seems to function quicker than usual. Thyroid storm may be triggered or precipitated by serious acute inflammatory or infectious conditions, diabetic ketoacidosis, or surgery in an individual with hyperthyroidism. Subclinical or mild thyroid imbalances are very common, particularly among people over 50 years of age. Some of the same symptoms or problems may be experienced as with clinical forms, but usually to a lesser degree. Sometimes there are no symptoms. Very few people with subclinical imbalances have the full constellation of symptoms. In subclinical hypothyroidism, there is often an elevated level of TSH and normal levels of T3 and T4. Achilles reflex time and other reflexes may be slowed. In subclinical hyperthyroidism, TSH is low, T3 and T4 are normal. Notably, "transient thyroid failure is increasingly recognized" – which may resolve "spontaneously" as the body regains physiological and biochemical balance. Medical treatment for clinical hypothyroidism is virtually always thyroid hormone medication. Treatment for subclinical hypothyroidism is controversial. Some doctors advocate hormone therapy for symptom improvement or to supposedly forestall clinical hypothyroidism. But not all people with subclinical conditions will develop primary conditions. Clinical trials show that patients with subclinical hypothyroidism given hormone improved little more than those given placebos. Similarly, "risks" of subclinical hyperthyroidism "are not well defined," not known. So far there are no clinical trials that have evaluated whether medical treatment is of any benefit. Nevertheless, some doctors "treat" it with antithyroid drugs or radioactive iodine, a questionable approach. Though a subclinical condition "sometimes goes away on its own," there is "a disturbing tendency to treat the results" of blood tests "and not the patient." Plus "no one has yet proven that there are benefits to putting a person on lifelong therapy because of a test abnormality alone." In some cases, especially subclinical, symptoms of both hypo- and hyperthyroidism appear. These fluctuations may reflect the thyroid’s attempts, (along with input from the adrenals, pituitary, hypothalamus, liver, nervous system, etc.), to balance and improve its function. Researchers admit it is "intellectually arrogant" to assume everything is known about thyroid hormone metabolism and the effects of exogenous medical treatment. Thus, "patients would benefit considerably, in this instance, if physicians were to live up to their reputation for knowing everything but doing nothing." Small bumps that may appear on the thyroid gland – nodules or "incidentalomas" – are usually benign (not recurrent or progressive), and may shrink or disappear on their own. Due to "medical uncertainties" there is a question whether benign nodules should be treated. "Ask three thyroid experts, and you’ll get four opinions." Unnecessary biopsies and treatment are common. Thyroid hormone drugs are often prescribed, but these shrink only a minority of nodules and can cause bone loss, abnormal heart rhythms, increased pulse, and other side effects. The prevalence of nodules without any thyroid condition is 30 to 60%. The risk of malignancy in symptomless nodules is about 5%. Since nodules tend to grow slowly, some researchers suggest simply monitoring them. After a year, if the nodule is the same size or smaller, no therapy is needed. If there is high risk, enlargement, pain, interference with swallowing or speech, or the appearance of malignancy during ultrasound examination, biopsy and treatment may be considered. 2 CAUSES The most common forms of thyroid dysfunction are Hashimoto’s disease (hypothyroid) and Graves’ disease (hyperthyroid). The cause is attributed – theoretically – to "autoimmune disease," wherein the body "mistakenly attacks healthy thyroid tissue." This does not make biochemical sense because the body is always striving for equilibrium, for survival, not self-destruction. If the immune system’s white blood cells engulf and eliminate tissues, it is only due to cellular damage and death. Thus, some researchers recognize many thyroid conditions as inflammation. Tissue insult or injury initiates the processes for repair by the process of inflammation. Many factors can potentially injure or poison the thyroid gland, resulting in depletion of needed "fuel" – nutrition — for proper function, maintenance, and resistance. Whether harmful substances or malnutrition or both, the affect on the thyroid depends on the specific causes and the unique biochemistry of the individual. Various steroid hormone drugs can induce thyroid imbalance; glucocorticoids such as cortisol inhibit thyroid function. Medication for depression such as sertraline (Zoloft) may deepen depression by altering levels T4 and TSH in the blood. Tricyclic antidepressants and antipsychotic phernothiazines (e.g., Flavil, Anafranil, Adapin, Sinequan, Tofrinil, Surmontil, Vivactil, Asendin, Norpramin, Pertofrane, Ludiomil, Pamelor) have a deterimental impact on thyroid function. Other drugs including lithium, amiodarone (antiarrhythmic drug), and cytokines (interferon, alpha, interleukin-2, macrophage colony stimulating factor) can cause thyroid malfunction. Radiation treatments to the neck increase risk of thyroid problems. Persons with diabetes, Lyme’s disease, or pernicious anemia are at higher risk. Estrogen-containing medications such as oral contraceptives and hormone-replacement therapy may affect thyroxine-binding globulin, or may enhance thyroxine (T4) transport and lead to falsely normal levels of thyroid hormone in blood tests. Dopamine (used for Parkinson’s disease) can cause a decrease in TSH production with resultant drops in serum T3 and T4 levels. Cigarette smoking can produce goiter, increase the severity and metabolic effects of hypothyroidism, and raise the risk for thyroid-associated eye disorders. Iodine-containing drugs (such as amiodarone, an antiarrhythmic drug) and iodinated radiographic contrast agents can depress thyroid function. Excessive iodine supplementation, particularly from non-food sources can cause thyrotoxicosis (thyroid poisoning). Over 54% of all salt purchased in the U.S. is fortified with between 45 and 76 parts per million of non-food iodine. Differences and variations are common. Chlorine and sodium fluoride added to municipal water supplies; chlorine-based chemicals found in bleaches, pesticides, and other products; and fluoride found in toothpaste and supplements, all promote thyroid disruption. Chlorine and fluoride may block iodine receptor sites on the thyroid, making it difficult or impossible for the gland to receive and utilize iodine. Compounds produced by chlorination of water are inhibitors of thyroid peroxidase and thyroid iodine organification. Immunization (especially DPT shots) and mercury amalgam toxicity have been implicated in thyroid imbalances. "Evidence for environmental chemical triggers" for thyroid pathologies has been accumulating. The list includes polybrominated biphenyls, polyhalogenated aromatic hydrocarbons, DDT, DDE, dieldrin and other organo-chlorines, pheolic and phenolic-carboxylic derivatives, PCBs, PBBs, and many more. Petroleum and coal derivatives are "antithyroid and goitrogenic compounds." The prototype of coal derivatives, resorcinol, has been known to damage the thyroid since the 1950s. The above chemicals may appear in polluted water, processed foods, pharmaceuticals, textiles, home furnishings, resins, adhesives, rubber products, plastics of all types, dyes, pesticides, cars, building and construction materials, capacitors, electric or heat transformers, and many other items. Red dye no.3, popularly used in foods, cosmetics, and medications, was shown to consistently decrease T3 levels, and increase T4 and TSH. The thyroid gland obviously absorbs a "great deal of punishment" in the course of typical modern conditions. The typical American diet adds to the trouble since many people do not obtain sufficient amounts of nutrients needed for healthy thyroid function, let alone some degree of resistance to the onslaught of poisons to which they may be subjected. Support to biochemical and physiological balance – and to the thyroid specifically – is needed. 3 In the next issue, part 2 will cover temperature, naturopathic interventions and other aspects of thyroid health.
ANMA Convention LAS VEGAS, Nevada - The American Naturopathic Medical Association’s 19th annual meeting September 15 - 17, 2000, saw the ratification of a resolution by the Board of Directors in favor of professional unity. The resolution invited all of the many current and former " American Association of Naturopathic Physicians ", "National Association of Naturopathic Physicians", and American Naturopathic Association (ANA), to join the American Naturopathic Medical Association in promoting a "Unification Committee" to develop a merger proposal. The resolution reads as follows: "WHEREAS, national unity is in the best interest of the naturopathic profession, and "WHEREAS, there is no rational basis for continuing to have more than one national association, and "WHEREAS, it is past time for the naturopathic profession to stop wasting its limited resources on the unnecessary duplication of services, and "WHEREAS, the overwhelming majority of members of the naturopathic profession are strongly in favor of national unity, and "WHEREAS, the naturopathic profession is small and has little recognition throughout the United States, and "WHEREAS, naturopathic history has proven that nothing is gained by division, and "WHEREAS, there remains a common goal and desire for national recognition and national acceptance of the Naturopathic profession and individual practitioners THEREFORE, BE IT RESOLVED, the American Naturopathic Medical Association reaffirms its policy in favor of professional unity, and invites the many national naturopathic associations to participate in promoting the successful establishment of a "Unification Committee" that will be charged with the responsibility of developing a merger proposal that will be presented to all participating organizations for formal adoption at the earliest possible time.
The Forgotten Ninth Amendment
By: Dr. Lawrence Wilson
In compiling this article, I will draw heavily from the excellent book, The Rights Retained by the People, edited by Randy Barnett. The Ninth Amendment to the U.S. Constitution reads: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The Ninth Amendment has been a puzzle to many judges and lawyers. It refers to "other rights". It does not state what these rights are. It implies that we have more rights than those enumerated in the first eight Amendments, But it leaves us confused as to what those rights are. This has been a source of legal debate for two centuries. There are two primary legal interpretations of the Ninth Amendment. One viewpoint is that the Ninth Amendment is restrictive only. In this view, James Madison, author of the Ninth Amendment, wanted the Ninth included because at the time certain states had bills of rights that were more extensive than the federal Bill of Rights. The contention is the Ninth Amendment was included so that rights protected in state constitutions would not be infringed upon by the federal government. In this view, the Ninth Amendment was meant only to restrict the federal government in relation to the states. It was not meant to restrict state governments at all. This is called the strict interpretation of the Ninth Amendment. The opposing view is that the Ninth Amendment is not just a restrictive statement. It is a declaratory statement, pertaining to the future. It declares that rights that are not enumerated will be revealed and become apparent in the future. This view says that it is in the spirit of the Constitution that these rights should be recognized and protected. Legal scholar Bennett Patterson wrote: "We will ultimately find that this amendment is a succinct expression of the inherent dignity and liberty of the individual and a recognition of the soul of mankind, a belief in his spiritual nature, and a humble acknowledgment of the infinity of our Creator and our nature... As we become more civilized, we learn more about natural forces ... such as steam and electricity. We also increase in spiritual and intellectual growth and are capable of understanding natural rights and liberties that have always existed, but which have been beyond our limited intellect to comprehend."1 This view could be called a liberal or constructive interpretation of the constitution. COURT INTERPRETATION OF THE Early Supreme Court cases supported the restrictive interpretation of the Ninth Amendment. Until the nineteen sixties, a time of renewed interest in human rights, the Ninth Amendment received only minor commentary from judges and commentators. All this changed in 1965. In Griswold v. Connecticut, the Supreme Court held unconstitutional Connecticut laws that criminalized the use of, or assistance in the use of, birth control. Justice Douglass wrote that the statutes violated the right of marital privacy created by specific guarantees in the first, third, fourth, fifth and ninth amendments. It was the concurring opinion of Justice Goldberg, joined by Chief Justice Warren and Justice Brennan, that catapulted the ninth Amendment into prominence. Justice Goldberg wrote that: "...the framers of the constitution believed there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight amendments ... The Ninth Amendment, in indicating that not all such liberties are specifically mentioned in the first eight amendments, is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement. In sum, the Ninth Amendment simply lends strong support to the view that the "liberty" protected by the Fifth and Fourteenth Amendments from infringement by the federa government or the states is not restricted to rights specifically mentioned in the first eight amendments."2 Since the Griswold case, the Ninth Amendment has been cited over 1000 times. The most famous case was the Roe v. Wade decision on abortion. The Ninth Amendment was used to support the idea of a ‘right of privacy’. Abortion was held to be a private matter, and the government could not pass a law forbidding it. While the early intent of the Ninth Amendment was to protect the states and the people from federal encroachment, the recent use of the Ninth Amendment has been to nullify state laws, especially in the area of morals and sexual matters. DOES THE NINTH Raoul Berger, in the Cornell Law Review3, sharply criticized Justice Goldberg for his interpretation of the Ninth Amendment in the Griswold case. Berger argued that if the Ninth Amendment can be used to protect some vague ‘privacy right’, what is to stop anyone from making up a right and then using the Ninth Amendment to protect it? Who is to say which rights will be protected? This is indeed a difficult question. However, one can argue that this is precisely the challenge of the law, to evolve as society evolves. It cannot remain static any more than technology, language, or culture remains static. Judge Goldberg and the other justices made -their decision by referring to other provisions of the Constitution, to establish a framework or rationale for the unenumerated rights. Indeed, a right to privacy has a good constitutional foundation. It also dates back even further, to John Locke’s theory that each person is basically his own master. In society, some rights are given up to government, but only for the purpose of gaining greater liberty for all. Judge Cooley described this right as "the right to be let alone".4 In a lighter vein, one thinks of the prime directive in Star Trek - non-interference, or a right of self-determination. CURRENT STATUS OF THE NINTH AMENDMENT The author was unable to find evidence the Supreme Court ever took up the question of whether state medical practice acts violate the right to privacy, the right to associate and contract, or the right to protect one’s property. Until there is a definitive case, it remains an open question. In the author’s opinion, there is clearly a privacy issue involved in the right to offer services in health care, education, psychology and legal matters. Such services may be every bit as intimate and important as birth control or abortion, depending upon the circumstances. Until a test case is brought before the Court, the use of Ninth Amendment declarations is simple, inexpensive, educational for self and clients, and therefore recommended. Regarding natural health care specifically, a negative right to choice is supported by: 1) The right to associate freely; 2) The right to protect and dispose of one’s property (body) as one sees fit; 3) In terms of the framer’s intent, by the warning of Dr. Benjamin Rush that such a provision be specifically written into the Constitution to prevent a monopoly; 4) The warning by Thomas Jefferson that monopolies must be avoided. Jefferson wrote, in a letter to Madison regarding the new Constitution: "I will now add what I do not like. First, the omission of a bill of rights providing clearly for freedom of religion, freedom of the press, protection against standing armies, (and) restriction of monopolies..."5 If a right to practice case were won on the basis of the Ninth Amendment, it would nullify parts of the state medical practice acts, which are the main laws prohibiting freedom of choice in health care. State medical practice acts derive their validity from the doctrine of the "police power" of the states. This has been defined as the power to: "prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity".6 The extent to which the ‘police powers’ may infringe upon rights to contract and protect one’s property is an open question. This century, the trend has favored giving up more and more rights and powers to the government. However, there is evidence the trend may be reversing itself as people become fed up with high taxes and the failure of the welfare state. NINTH AMENDMENT DECLARATIONS A Ninth Amendment declaration sets forth that the service offered or received is a right retained by the people, since it is not a power given specifically to the government. Both practitioners and clients should sign Ninth Amendment declarations. For the client, it can be part of a consent and disclaimer form. This is kept on file by the practitioner. For the practitioner, the Ninth Amendment declaration should be filed with the county recorder or secretary of state, and a copy kept on file. The declaration for a practitioner might read: "Under Article Amendment IX of the Constitution of the United States of America, I, the undersigned, hereby declare and retain the God-given and natural right to: 1) obtain an education from any institution or private school, including those whose views are different from orthodox or conventional thinking. 2) practice nutrition counseling (or other work) for the benefit of my clients without being required to obtain a license from any government authority, and to do so in a manner consistent with my training and background. 3) provide products and information for my clients consistent with my background and training." Along with the Ninth Amendment declaration, one should add a ‘constructive notice’. This states that a violation of your Ninth Amendment right would entitle you to sue for violation of your civil and constitutional rights. More complete statements for practitioners and clients are found in the last chapter of this book. If some one or organization questions your right to offer services, you would immediately send them a copy of the Ninth Amendment statement. Basically, you are claiming a right. We discussed earlier that rights must be claimed. You are putting others on notice that you have the right to practice under the Constitution. They are notified, in advance, that should they attempt to stop you, they may be in violation of the law. It shifts you from a defensive to an offensive position. It may also educate others regarding our rights under the Constitution. NINTH AMENDMENT USE IN ARIZONA There are other uses for the Ninth Amendment. In 1990, the dietitians petitioned the Arizona state legislature for a licensing law. It was part of a national effort by the American Dietetic Association. It would have given the dietitians sole use of the word nutritionist, and was intended to set up a monopoly for offering nutrition services in the state. There was no need for such a license, as there had been no complaints in the state of harm caused by nutritionists. The bill sailed through two committees and appeared headed for passage by the full legislature. A group including the author consulted with Clinton Miller, a health care lobbyist in Washington, D.C. In addition to organizing a phone and letter-writing campaign, we employed the Ninth Amendment. Every practitioner, health food store, herb representative and others who would be affected by the new law signed a Ninth Amendment declaration and sent it to the Secretary of State and to their state legislators. It declared the right to offer nutrition services and to sell products, and that if that right were violated, there could be lawsuits. It is hard to assess the impact the Ninth Amendment declarations. However, within several days of filing the declarations, a legislative committee killed the dietitian’s licensing bill by a vote of 10-0. VALIDITY OF THE NINTH Until the Supreme Court rules on the issue, the practical validity of the Ninth Amendment declaration is an open question. Clearly a ruling in favor of Ninth Amendment rights would cause havoc for a while as people reasserted their constitutional rights. In the meantime, the Ninth Amendment declaration is simple and straight forward. The idea is not to depend upon it alone. However, the Supreme Court is favoring a right to privacy. The author feels that defending your business in this manner is in accordance with the trend in interpretation of the Ninth Amendment. The above is a brief introduction to the Ninth Amendment. We have discussed the major arguments regarding the amendment, and major court cases where it has been cited. For those wishing to learn much more about the Ninth Amendment, a recent book on the subject is entitled The Rights Reserved To The People, edited by Randy Barnett. It may be obtained from the Cato Institute, 202-842-0200. NOTES 1. Patterson, B., "The Forgotten Ninth Amendment", The Rights Retained by the People, ed. by Barnett, R., George Mason University Press, Fairfax, Virginia, 1989, p.113. 2. 381 U.S. at 492 (concurring opinion) 3. Berger, The Ninth Amendment, 66 Cornell L. Rev. 1 (1980-81) 4. T. Cooley, Law of Torts 29 (2nd ed. 1888). 5. Letter to James Madison (Dec.20, 1787), 4 Jefferson 473, 476-477. 6. Barbier vs. Connolly, 113 U.S. 27, 31 (1885).
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Third Annual Convention of the California State Naturopathic Medical Association
Discussion on Licensing and Legislative Issues is to Include What Has Been and What May occur in California. The panel expects to discuss various California statutes on performing nutritional and other naturopathic interventions. Discussions of possible California legislation, other naturopathic organizations, how to get licensed in other jurisdictions, certifications, certain legal requirements, and naturopathic educational options are planned. Questions from the audience will be taken. Information on California law and information for out of state licensure are to be given out. Call 1-805-489-7188 or FAX 805-481-2699, for registration. Checks and money orders can be sent to the sponsor: Doctors’ Research Inc., 1248 Grand Avenue, Suite C, Arroyo Grande, CA 93420. Or go to CSNMA's Web Site.
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