As part of my herbalism studies*, I read an article by California attorney Ken Collins on the subject of “Legal Herbalism.” I think we can all agree that some protection from “snake oil salesmen” and businesses making misleading or dangerous claims is a good thing, but at the same time, it seems a shame that there are so many legal considerations surrounding the practice of holistic healing arts which are based on wisdom and experience which has been lovingly and generously passed down through generations.
Watch your language!
As an aromatherapist, I’m already well aware that anyone providing a product or service considered “natural” or “holistic” must be very careful to practice in a way that won’t draw attention by legal authorities. For holistic practitioners, “cure, treat, prevent, and heal” are among the forbidden words that should not appear on labels, websites, or other literature. The fact is, many people turn to natural healing methods with the specific intent to prevent or treat a health condition, but of course, the modern pharmaceutical industry has claimed the exclusive rights to use such language. (Interesting side note: the derivation of the word “drug” is the Dutch word “droog” which originally meant “dry wares” used in the preparation of medicines. At that time, those medicines were comprised largely of dried plants and herbs.)
How do you feel about this? For a reputable business owner, it can be frustrating. For the consumer, there may be some sense of protection from being conned by outrageous or promising claims of healing, however vague or fluffy verbiage may also diminish confidence in the ability of natural products to have any serious impact on your health.
Personally, I find it almost laughable that there is so much restriction on the use of plants and herbs while store shelves remain STOCKED with chemical-laden, processed foods that are simply toxic. Not to mention the fact that companies are allowed to promote these products via deceptive and clever marketing that plays on a person’s wants, needs, desires, and often insecurities, and especially those of children.
Good advice for holistic practitioners
There are resources to obtain legal advice for operating an herbal or holistic business, but Mr. Collins offered some good general advice. Here are a couple that resonated with me:
Holistic practitioners should maintain the point of view that only the client can heal her/himself, with intelligent decisions about nutrition, exercise, and other healthy habits. I couldn’t agree more. Holistic practitioners understand that maintaining optimal health is about lifestyle, and no single tea or tincture will change the status of a person’s health if they continue with unhealthy practices in other areas of their lives. We strive for deep and lasting change – not a quick or temporary fix.
Taking this a step further, I think we should inspire and encourage people to become more engaged and proactive in their healthcare. Generations were raised to "follow doctor’s orders,” but the best healthcare providers will ask a lot of questions and welcome questions from their patients, empowering them to make informed decisions for themselves. I would also say that the increased reliance on MDs to tell us what’s best for our bodies has hindered people’s ability to understand how their bodies work and to understand and identify their body’s signals when something is wrong. Intuition and self-awareness are so important and I think we’re losing that. I believe we should create a demand for providers with a more holistic approach to healthcare.
Holistic practitioners should NOT base their practice on western allopathic practices. Most of us agree that western medicine is largely focused on treating symptoms, rather than the root cause of illness. A holistic practitioner who consistently focuses on the “whole person,” is far less at risk of being deemed to be practicing medicine without a license.
As a measure of self-protection, I also believe a holistic practitioner should be selective about which clients they work with. A client should come with a desire to make intentional changes in their lifestyle. If we commit to working only with clients who share our personal health care philosophy and are willing to have deep and honest conversations about lifestyle choices and practices, there is much greater chance of success.
Licensure in herbalism?
According to the American Herbalists Guild, there currently is “no licensing or certification for herbalists in any state that precludes the rights of anyone to use, dispense, or recommend herbs.” Likewise, according to the National Association for Holistic Aromatherapy, “Aromatherapy is currently an unregulated and unlicensed field both for the practice of aromatherapy as well as the manufacture of aromatherapy products.” In both fields, there are many structured programs with coursework that leads to a certificate which confirms successful completion of studies, which may include a final exam.
It is generally accepted that an herbalist is defined as “someone who uses plants for healing” or “works with medicinal plants and plant medicine.” Likewise, an aromatherapist could be described as someone who uses essential oils to promote or improve health, hygiene and wellbeing. These would describe many of us who normally would never dare use those words to describe themselves.
Questions for you, dear reader: if you knew absolutely nothing about herbal medicine or aromatherapy and wanted more information, would you prefer to consult an herbalist or aromatherapist with some formal training?
Would proof of some formal training/education make a difference and would it make you feel more confident in their advice and/or use of products prepared for your application or consumption?
Would you feel more comfortable working with an herbalist or aromatherapist who was working in partnership with a conventional doctor?
Taking it a step further, would you be more willing to pay for the products or services of a licensed practitioner?
Some would argue that adopting a path to licensure creates the potential for increased regulation and restrictions on the production and distribution of herbal products and information. It does seem silly to have local, state, or federal authorities exercising control over the use of “nature’s medicine” and sharing of ancient wisdom passed down through generations. However, I certainly respect the public’s right to protection from fraudulent or dangerous information.
Interestingly, providing information in an educational setting is not illegal. When I have offered aromatherapy classes for the public, I have been careful to use the right language and not misrepresent myself. Thankfully, the feedback has been excellent and I am glad to have provided accurate, reliable, and safe information and credible resources. I am very comfortable in the role of educator or coach and am careful to stay in my lane and not offer advice that is outside my scope of experience.
Now more than ever, I believe the world needs healers of all kinds. These are exciting, and yet risky times to be practicing natural medicine. I applaud all those who are dedicated to furthering their education and ethically sharing safe and effective products and services.
*I am completing studies Art & Science of Herbalism with Rosemary Gladstar
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