Why licensure of alternative and complementary care is a really bad idea

Update: Through organizing and contacting our elected representatives, practitioners and clients of energy work were able to prevent the passage of a licensure bill in Massachusetts in 2021. The bill has resurfaced in July 2023 and we are advocating for our practices once again. This issue is likely to remain relevant in Massachusetts and in many other states. It’s important that we work together across the many energy work disciplines in order to keep our work accessible to those who need it.

I include below my email to the legislative committee that was considering the licensure bill in December 2021. The bill being brought forth in July 2023 is identical to this 2021 version.

Dear Senators and Representatives,

I am asking you to oppose SB 221/HB 350 for the following reasons:

  • A profession should only be regulated because of the actions of its own practitioners.
  • Alternative healing practitioners do not need to be regulated. Harm is extremely rare.
  • Licensing alternative healing practitioners would not significantly affect sex trafficking.
  • Law enforcement can already easily distinguish between genuine practitioners and prostitution establishments.
  • A court challenge on this basis of freedom of religion is nearly inevitable.
  • Requiring state licensure of traditional practices with strong ethnic roots will be seen as discriminatory and an intrusion into cultural traditions.
  • The proposed Board and Advisory Council cannot adequately establish guidelines for this extremely diverse set of practices.
  • Each individual on the advisory board will have tremendous power over the discipline that they represent – power that could easily be abused.
  • The bill would prohibit volunteering except under strict supervision or with immediate family members; cutting off this source of help seems particularly cruel.
  • Burdensome licensing fees and procedures would cause many practitioners to close their businesses.
  • Hard-working and sincere practitioners would lose their source of income.
  • Supply would drop and prices would increase. Many clients would be priced out of receiving services.
  • Licensing these practices would do far more harm than good.

Please see below for a more detailed explanation:

A profession should only be regulated because of the actions of its own practitioners, not because of the behavior of criminals who are pretending to be members of the profession.

Alternative healing practitioners do not need to be regulated. Harm to clients is extremely unusual, as is made obvious by very low liability insurance rates (approximately $150 per year).

Licensing alternative healing practitioners would not significantly affect sex trafficking. Traffickers still attempt to use “massage” as camouflage, despite the fact that massage is licensed.

Law enforcement can already easily distinguish between genuine practitioners and prostitution establishments. There are clear signs that an establishment is providing sex (name, photos used in advertisement, descriptions used in advertisement, listings on sex-work websites, etc).

These disciplines are holistic. They address the whole person — body, mind and spirit. Many disciplines consider their work to be spiritual or even religious in nature (for example Christian laying on of hands or pagan healing ceremony). Because of this, attempts at regulation may very well cross a line into limiting freedom of religion. If this legislation passes, a court challenge on this basis of freedom of religion is nearly inevitable.

Some of these disciplines are specific to particular cultural groups. Requiring state licensure will be seen as discriminatory and an intrusion into cultural traditions (for example, Native American shamanic healing, Cuban Santeria, Roma divination and prayer). Claims of discrimination and a court challenge are likely.

These disciplines are numerous and diverse. Even within methods that call themselves by the same name, there is much diversity. A Board and Advisory Council cannot adequately establish guidelines for this extremely diverse set of practices. Also, each individual on the advisory board will have tremendous power over the discipline that they represent – power that could easily be abused.

The bill would prohibit volunteering except under supervision or with immediate family members. Many practitioners provide free treatment to friends or neighbors, and these treatments can be very beneficial. They are especially important to those who can’t afford to pay for treatment. Cutting off this source of help seems particularly cruel.

Burdensome licensing fees and procedures would cause many practitioners and especially practitioner/teachers to close their businesses. This would reduce supply and increase prices. Those who do continue practicing would need to pass the cost along to their clients/students – which would again raise prices.

Many hard-working practitioners who provide valuable services and reap only modest financial rewards would lose their source of income. The majority of practitioners are women, many of whom are supporting families.

Many people depend upon the help they receive from alternative healing practitioners. We are currently in a crisis of exorbitant healthcare costs and inadequate insurance coverage. We are also in the middle of a pandemic. There would never be a good time for this bill, but now is a particularly bad time.

Licensing these practices would do far more harm than good. This bill has been under consideration for quite a while. At every step of the way, there has been an outcry from clients and practitioners. Please listen to those of us who truly understand the field of alternative health. Please oppose SB221/HB350.

On Sparsity of Mind

We are so accustomed to accumulation. We live in houses full of objects that are supposed to take our discomforts away. We live in bodies full of junk and disarray. We exist in minds full of input and reactions, worries and desperate dramatic hope.

Life is not so bad. It is painful, inherently. It is challenging or why else would we be here? It is apparently the gravel upon which we hone our essence. It is essentially what it is meant to be – a school for soul(s), a way for the universe to learn and expand.

The universal mind seems to be sparse and expanding, and expanding in its sparsity. Our essential minds are sparse and expanding. My essential mind watches and listens. It does not clap or complain. It is not particularly wise – no more wise than any other being’s essential mind, and no less wise than the essence of the universe.

All around us in our human world, accumulation beckons. We should have and we should want. Marketers of all sorts push us toward desires that will line their pockets and fuel their own accumulation. Even much of what passes for spirituality turns out to be a means to someone’s gain, or a promise to teach us how to “get what we want.”

But what about the deeper want? What about the desire within, what about the desire of the great without? Our essential selves sit watching us struggle, aware that all we could ever have is here now. We have always been just our selves, complete in the universe, sparse and expanding, stamped with the essential desire to Be.

It is when we allow this sparsity of mind – in those moments between our suffering – that we begin to understand.

Somehow, Always, My Heart Breaks Open

There are moments when I become acutely aware of suffering. This morning, when I was walking, I came across an injured sparrow. She was lying motionless in the middle of the street, one of her little legs splayed out at an awkward angle. I guessed she had been hit by a car windshield or bumper.

I didn’t want her to be run over or stepped on. Although I knew she might not welcome my touch, I picked her up, holding her between my hands, and went over to a little park by the side of the street. I sat on a flight of stone steps and pondered what to do.

The sparrow lay quietly between my palms, not struggling, not trying to escape, not trying to peck me. Not a good sign. I thought about taking her home and calling to find someone for small bird rehab. But it looked to me like she was beyond rehab. And when I thought about leaving the area, it felt like panic arose from the bird. This little piece of the city was all the world that she had ever known.

I thought maybe someone would come by with a cell phone. I always leave mine at home when I do my morning exercise and meditation. But no one came. I prayed, asking for help for the little bird, and help for me.

The little bird urinated and began to struggle and I let her go. Her poor little wings tried to fly but couldn’t. Her back arched and her legs pumped and she made her way over to the garden area beyond the steps, about a foot from where I was still sitting. She lay there, heaving, clearly in pain and distress. I wondered if I should leave, whether my presence was stressful for her.

But when I imagined leaving, I felt a pull towards her. I didn’t know if it was her or me – my not wanting to leave her to suffer and die alone, or her not wanting to be alone. She was clearly in pain, her body vibrating, eyes shutting and opening.

We sat there for a while. I was motionless, to cause her the least possibility of distress. Other sparrows flew in and fed from the plants nearby. I saw the shell of a little egg in the dirt between me and the bird. This little park seemed to be a center of sparrow life.

I prayed for the bird. I asked Sparrow Spirit to come to her, so she would be comforted. I prayed for all the nature spirits and guardians in the area to come to her, and for the Great Light to shine brightly on her. Having done this, I felt it was time to go. I wished her well and walked away.

There are people who deal with death every day of their lives: doctors, nurses, pastors. This is not my experience. But rather, every day of my life, I deal with suffering. Beneath my palms, palpable, present, overlapping my awareness, is the grief and fear and suffering of my clients. And beneath my palms is the strength of my clients. And within my palms is connection to the Great Light.

I often feel that my heart will break. This morning, I thought that my heart would break as I witnessed the suffering of a precious sparrow. But somehow, always, my heart breaks open. Inside our shared pain is embedded the beauty of life, pure and simple. It is so good to be here, so good to share this planet, so good to breathe, together.

Tomorrow morning, I will go back and look for the little bird’s body. She may have been carried away by a predator or scavenger. But if she is still there, I will bury her, and pray for her good journey.

Especially lately,  it often feels that I – that we – are holding tiny candles in the midst of a moonless night. And indeed, night comes to us all. But I will continue to hold my candle, regardless. Each candle may be small, but many of us are holding strong, and light only comes in one size: infinite.