Death prompts call for licensing
State review recommends regulation of naturopaths
http://rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4236867,00.htmlBy Sue Lindsay, Rocky Mountain NewsNovember 14, 2005
Two years ago, David and Laura Flanagan's terminally ill son died after he was treated by a Wheat Ridge naturopath accused of misrepresenting his credentials.
Now, the Flanagans want to help pass legislation to license the profession.
The Colorado Department of Regulatory Agencies recommended regulation of naturopaths in a sunrise review released last month. This is the first time that DORA has recommended regulation.
The Colorado Association of Naturopathic Physicians, which sought the sunrise review, plans to put a licensing proposal before the legislature in January.
If that happens, the Flanagans will testify in support of the measure.
"We feel there is a strong need for licensing," David Flanagan said. "Now, there's nobody out there regulating these individuals. They can be arrested for practicing medicine without a license, but unfortunately someone has to get hurt or die before anything is done.
"If there was regulation, at least the general public would have an understanding of the training and background of that individual before you walk through the door."
DORA's report cites the Jefferson County criminal case against Wheat Ridge practitioner Brian O'Connell, who is accused of causing the death of 19-year-old Sean Flanagan, as evidence that the unregulated profession is causing harm.
Sean Flanagan, who had cancer, died Dec. 19, 2003, after he was given a series of treatments by O'Connell in which blood was removed from his body, exposed to ultraviolet light and then returned.
His parents said that O'Connell promised a cure, and contend that the unconventional treatments caused them to lose the last precious months with their son.
O'Connell was charged last year with practicing medicine without a license and manslaughter in Sean Flanagan's death. He also is charged in connection with his care of a 17-year-old girl who was rushed to the hospital after she went into cardiac arrest at his office.
O'Connell's attorneys said these allegations are unproven. O'Connell's trial is set for next year.
"I don't think the (regulatory) process should be belittled by focusing on just one guy," said O'Connell's Houston lawyer, Rick Jaffe.
"These are some unproven, inflammatory allegations," he said. "Colorado deserves a good honest debate as to whether or not these practitioners should be licensed. There are much more informative issues than what one guy did to one or two patients. This is too important. It affects the health and freedom to choose of the people of Colorado beyond this case."
Naturopathy is a system of health care based on the premise that the human body has the power to heal itself by restoring its natural balance. A variety of therapies are used, including botanical medicines, homeopathy, nutrition, physiotherapy and spinal manipulation.
DORA says it's time for regulation but stops short of recommending licensing, although the report says that licensing would offer the greatest level of protection to the public.
"We're not advocating a full licensing program," said DORA spokesman Geoffrey Hier. "We're suggesting that the General Assembly consider regulation. It's up to them to decide what form it should take."
Lesser forms of regulation could restrict use of the title of naturopath to individuals with specified training or exempt specific areas of care offered by naturopaths from the Medical Practice Act, Hier said.
Under the licensing proposal favored by the Colorado Association of Naturopathic Physicians, naturopaths would have to attend a four-year education program at one of three accredited naturopathic medical colleges in the U.S. and pass an examination to obtain a license to practice in Colorado.
"I think it's high time," said the group's president, naturopath Rena Bloom.
Two previous DORA reviews in 1993 and 1998 ended without any recommendations for regulation.
"The O'Connell case certainly played a role in bringing this to the forefront," Bloom said. "We do not know yet if he will be found guilty, but the potential for harm certainly became clear in Colorado."
Bloom said a regulatory agency will help consumers of alternative health care.
Currently, the training of practitioners can range from correspondence courses to the four-year college programs.
O'Connell, for instance, called himself "doctor" but received his training from a correspondence school that was sued in Arkansas for deceptive trade practices, according to the charges against him. Other credentials displayed on his walls included a diploma from the nonexistent Colorado University of Naturopathic Medicine.
The measure may have a rough go in the legislature because Colorado lawmakers historically are reluctant to add regulatory agencies.
Bloom said she expects opponents of licensing to lobby against it.
"The legislative process is one that often doesn't involve reason, but rather power, turf and money issues," she said. "If another powerful lobby group opposes us, it could trump who we are and what we do."
Among the opponents is the Coalition for Natural Health, whose executive director contends that licensing is unnecessary and a way of keeping the naturopathic colleges in business.
Boyd Landry said students in those colleges learn to "cut, prescribe and deliver" babies, practices that aren't part of traditional naturopathy.
"I am perplexed," Landry said.
He contends that sunrise reviews of other professions, including crane operators and burglary alarm installers, showed much greater potential public harm than naturopathy.
O'Connell's lawyer said that many naturopathic practitioners support the concept of licensing, including O'Connell. But many of them don't want licensing tied to schools offering four-year degrees.
The Colorado Naturopathic Medical Association, of which O'Connell was a member, is among these groups.
"We are for licensure, provided that it does not exclude specific groups of naturopaths that have been in the state practicing for quite some time," said naturopath Steve Colton, the group's president, who holds a degree in pharmacology.
Bloom is eager to get the issue before the legislature.
"The sooner we can get some sort of regulation," she said, "the sooner the citizens of Colorado will be protected and have a place to call when they have problems."
lindsays@RockyMountainNews.com or 303-892-5181
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