Homeopathy is beginning to make its way into the mainstream, and for some of us this comes with a sigh of relief for the public recognition of homeopathy. However, with this increased exposure, opposition to homeopathy has also increased. All of us as practitioners work to promote homeopathy for our practices from the genuine interest in the health of humanity. We are eager for opportunities to share our knowledge and expertise with potential clients and the public. Accordingly, there are increased opportunities for us to share our knowledge. As the legal practice of homeopathy is still questionable in various states, and there are still laws governing what we can or cannot say as practitioners, this document provides guidelines for media and public communications about homeopathy.

The internet is a remarkable promotional tool for practitioners to advertise their services and to educate the public about homeopathy. However, increased public exposure also means increased legal exposure. There are two types of legal exposure to which homeopaths may be subject. The first is the legitimate concerns that clients, the general public and the regulatory authorities may have about a practitioner’s professional conduct. The second exposure is a campaign organized by the pharmaceutical industry to eliminate alternative medicine, especially homeopathy. This campaign cooperates with regulatory agencies and sometimes resorts to entrapment to reduce the number of alternative practitioners. This campaign is not confined to the United States; it is also active in Canada and the United Kingdom.

Recently, a NASH member was contacted via email with a seemingly innocent question. Her innocent answer appeared on a “quackbuster” web blog and she quickly found herself under attack for statements that, in the view of her attackers, were violations of the NASH Code of Ethics and even of the law. Another NASH member was investigated by the Medical Board for statements made on a web blog and a third was investigated for statements made on her website, which the Medical Board contended may constitute the practice of medicine. These two ended up signing cease and desist orders and went out of business.

The anti-quackery campaign pursues both unlicensed and licensed practitioners. On one occasion, a licensed chiropractor gave a public lecture and later was accused of practicing medicine without a license for statements made that his treatment worked for certain illnesses. Again, the Medical Board accused the practitioner of unauthorized practice of medicine. Fortunately, this practitioner prevailed in court after a lengthy and expensive lawsuit.

In addition to increasing a practitioner’s legal exposure, statements to the media may also adversely affect the reputation of her/his practice and of homeopathy in general. Several years ago, a homeopathic practitioner was visited by an under-cover reporter and their conversation was filmed. Later an edited version of the film was shown on a national TV show in a report designed to make homeopathy appear dubious. Fortunately, this was done in such an inept and obvious way that thousands of viewers called the producer to protest and, if anything, hurt the reputation of the media, instead of homeopathy. However, next time we may not be so lucky.

Homeopathic practitioners should know that homeopathy has been under some form of adverse attack for at least a century. Activity by anti-CAM interest groups were discovered during several law suits. An anti-trust law suit filed by a national chiropractic association revealed an organized campaign to attack and eliminate alternative practices, including homeopathy. One exposé of the pharmaceutical industry-funded campaign, known in industry circles as the “Anti-quackery Campaign,” provided evidence that at least fourteen of the major pharmaceutical companies through the Pharmaceutical Advertising Council have engaged in a covert campaign to discredit homeopathy and entrap practitioners.

NASH president Manfred Mueller has compiled some guidelines on how to talk to the media about homeopathy without increasing one’s risk. The intent of these guidelines is to help our members and other practitioners within the homeopathic community to avoid legal complications. Please understand that these guidelines are meant to educate only and are not intended as legal advice.

Unlicensed homeopathic practitioners in the United States must understand their legal vulnerabilities in their practice, particularly if practicing in states where health freedom laws have not been enacted. For example, public statements about one’s practice may be interpreted as solicitation and may thus be subject to scrutiny under various trade laws. Statements made by practitioners are seen by the courts as a reflection of intent and thus may expose you to the risk of defining your professional activities as the practice of medicine. The NASH Code of Ethics was developed to help protect practitioners from misinterpretation. Registered members of professional organizations, such as NASH, who have agreed to be guided in their practice, advertisements and public statements about their practice by this professional Code of Ethics may be accused of violations of these codes by making statements that diverge from what has been outlined. Even those who practice in health freedom states may feel that they can talk more freely about homeopathy as they are protected under the law. Those who are registered with NASH must still refer to the Code of Ethics and be clear that they are not doctors, they do not diagnose nor do they treat a particular illness.

In all communication it must be clear that a professional homeopath is acting within the scope of applicable law. The most important laws that apply to homeopathic practice are the state professional practice laws, especially the medical licensing laws, and applicable statutes regarding trade and advertising. Please keep in mind that medical licensing laws vary from state to state. Other laws that may apply to statements about remedies include Federal Trade Laws and other laws apply to the representation of products or services. Keep in mind that, in a commercial context, misstatements and erroneous statements may be construed as fraud. When dispensing remedies make sure your practice complies with local, state and federal regulations concerning the sale of remedies or include them in your consultations. As a general rule it is important to remember: ignorance of the law does not provide protection against prosecution!

Always be prepared before making any public statements or writing anything in a public forum, such as a web blog, by reviewing your Code of Ethics and your professional society’s policies regarding public statements about your own practice and about homeopathy in general. Be prepared by educating yourself about the law, both federal and state laws applicable to your profession and location. Adapt your presentation or statements to steer clear of legal vulnerabilities. Review the actual text of applicable laws and, if necessary, consult with an attorney.

When in contact with the media, internet inquiries or telephone calls:

• Always verify a reporter’s identity, phone number, address, credentials and employer before agreeing to an interview.
• Always include a disclaimer and confidentiality statement when using email to prevent abuse. For example:
  

  “This message is for the designated recipient only and may contain privileged, proprietary or otherwise private information. If you have received it in error, please notify … immediately and delete the original. Any further use is prohibited,” or
  
  “The information contained in this message is for educational purposes and constitutes a response to a private request for information only and does not constitute a solicitation for services and makes no claim or promise that any product or service that may cure any condition or ailment,” etc.

• In your practice always have a disclaimer that contains a provision that all information you impart is for educational use and does not constitute medical advice.
• To protect yourself against entrapment it may be advantageous to include a signed affidavit that the person requesting information or services is not an agent of any regulatory or government agency.
• Unless you have extensive experience in talking to the media do not agree to impromptu interviews.
• Do not agree to be interviewed unless you have carefully reviewed the legal situation of your practice, if necessary with the help of an attorney, and are confident that you can appear in public without undue risk.
• Always ask for a list of questions before you allow yourself to be interviewed and review the questions carefully and, if necessary, get help from more experienced practitioners.
• Be prepared to support your statements with citations, such as scientific studies or from clinical or other references in the literature.
• Be aware that words like “I treated,” “I cured,” “I recommended,” “I suggested,” etc. may be construed as an admission to “unauthorized practice of medicine,” which, in some jurisdictions, may be either a misdemeanor or felony crime.
• If you live in a jurisdiction without health freedom laws, do not use the above terms and avoid using terms such as “patient,” “prescribed,” “I administered,” “I treated” or other terms that may imply that you are practicing medicine.
• You may instead be able to say “I selected” (remedy) or “I informed” the client of (strategy), or “the client took” (remedy), etc.
• Always qualify statements with specifics, such as when talking about efficacy of homeopathy for a certain disease, report them as specific data (XYZ study found that…) or (historically it was noted homeopathy…) rather than making global claims (homeopathy cures…).
• When talking about historical accomplishments of homeopathy, be sure to state it as such and cite the source.
• Use words like “effective treatment” or “recovery” rather than “cure.”
• Homeopathy treats the individual with the sickness rather than the sickness directly. Homeopathy helps to restore balance rather than target symptoms.
• Be conservative. Understate what homeopathy can do. Sometimes an understatement has a greater impact than the exaggeration would have.
• While being enthusiastic about homeopathy, concentrate on the facts.
• Be objective. Talk about what homeopathy can do rather than what you can do, always citing evidence.