<<Disclaimer: Verify this information before applying it to your situation.>>
 
In 1992 it was discovered that the FDA was trying to place nutritional
supplements on a DEA Schedule II listing to make them available via
prescription only. The FDA may be trying to do this again. The following
Senate bill is an attempt to halt this process. IF the FDA succeeds this
time, they will prevent humanity from buying these necessary supplements on
an international basis. I URGE you all to read the enclosed information and
decide for yourselves the importance of this topic.
 
This bill information was extracted from the usenet group sci.life-extension
by me.
The original poster extracted this information from the University of
California computer center URL http://www.gpo.ucop.edu/. please for the sake
of our health and the health of those generations to follow (not to mention
your own businesses), please pay heed.
 
Best of regards
LenB.
===========================================================
This is the U. S. Senate's Medical Access Bill - S.1035. Remember that the
same bill for the House is H.R. 2019.
 
This October the plan is to make it illegal internationally for you to buy
melatonin, vitamins, amino acids, and herbs - ephedra, chamomile, ginseng,
etc. unless you are willing to pay 7 to 10 times what you pay now and only
buy from one of the international cartels like Lilly, Sandoz, Abbott, etc.
 
This bill is part of an effort to prevent this. It is also important in
terms of keeping the FDA from making it *illegal* for us to use the methods
that keep us healthy rather than those that make money for the same
cartels.
 
>>Remember that the FDA supports those who give them the most money. That
isn't *you*!! Even Mr. Gates would have a hard time matching the kind of
money we're talking about.
 
Read this bill. Call your Senator and let them know that you will only vote
in November for the person who supported this bill.
 
------------------------------------------------------------------------------
 
104th CONGRESS
1st Session
S. 1035
 
To permit an individual to be treated by a health care practitioner with
any method of medical treatment such individual requests, and for
other purposes.
 
_______________________________________________________________________
 
IN THE SENATE OF THE UNITED STATES
 
July 14 (legislative day, July 10), 1995
 
Mr. Daschle (for himself, Mr. Dole, Mr. Harkin, Mr. Hatch, Mr. Grassley,
Mr. Pell, Mr. Hatfield, Mr. Simon, and Mr. Reid) introduced the following
bill; which was read twice and referred to the Committee
on Labor and Human Resources
 
_______________________________________________________________________
 
A BILL
 
To permit an individual to be treated by a health care practitioner with
any method of medical treatment such individual requests, and for other
purposes.Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
 
SECTION 1. SHORT TITLE.
 
This Act may be cited as the ``Access to Medical Treatment Act''.
 
SEC. 2. DEFINITIONS.
 
As used in this Act:
(1) Advertising claims.--The term ``advertising claims'' means any
representations made or suggested by statement, word, design, device,
sound, or any combination thereof with respect to a medical treatment.
(2) Danger.--The term ``danger'' means any negative reaction that--
(A) causes serious harm;
(B) occurred as a result of a method of medical
treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments for the same medical condition or
conditions.
(3) Device.--The term ``device'' has the same meaning given such term in
section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(h)).
(4) Drug.--The term ``drug'' has the same meaning given such term in
section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(g)(1)).
(5) Food.--The term ``food''--
(A) has the same meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care practitioner'' means
a physician or another person who is legally authorized to provide health
professional services in the State in which the services are provided.
(7) Label.--The term ``label'' has the same meaning given such term in
section 201(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(k)).
(8) Labeling.--The term ``labeling'' has the same meaning given such term
in section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(m)).
(9) Legal representative.--The term ``legal representative'' means a parent
or an individual who qualifies as a legal guardian under State law.
(10) Medical treatment.--The term ``medical treatment'' means any food,
drug, device, or procedure that is used and intended as a cure, mitigation,
treatment, or prevention of disease.
(11) Seller.--The term ``seller'' means a person, company, or organization
that receives payment related to a medical treatment of a patient of a
health practitioner, except that this term does not apply to a health care
practitioner who receives payment from an individual or representative of
such individual for the administration of a medical treatment to such
individual.
 
SEC. 3. ACCESS TO MEDICAL TREATMENT.
 
(a) In General.--Notwithstanding any other provision of law, and except as
provided in subsection (b), an individual shall have the right to be
treated by a health care practitioner with any medical treatment (including
a medical treatment that is not approved, certified, or licensed by the
Secretary of Health and Human Services) that such individual desires or the
legal representative of such individual authorizes if--
(1) such practitioner has personally examined such individual and agrees to
treat such individual; and
(2) the administration of such treatment does not violate licensing laws.
(b) Medical Treatment Requirements.--A health care practitioner may provide
any medical treatment to an individual described in subsection (a) if--
(1) there is no reasonable basis to conclude that the medical treatment
itself, when used as directed, poses an unreasonable and significant risk
of danger to such individual;
(2) in the case of an individual whose treatment is the administration of a
food, drug, or device that has to be approved, certified, or licensed by
the Secretary of Health and Human Services, but has not been approved,
certified, or licensed by the Secretary of Health and Human Services--
(A) such individual has been informed in writing
that such food, drug, or device has not yet been approved, certified, or
licensed by the Secretary of Health and Human Services for use as a medical
treatment of the medical condition of such individual; and
(B) prior to the administration of such treatment,
the practitioner has provided the patient a written statement that states
the following:
``WARNING: This food, drug, or device has
not been declared to be safe and effective by
the Federal Government and any individual who
uses such food, drug, or device, does so at his
or her own risk.'';
(3) such individual has been informed in writing of the nature of the
medical treatment, including--
(A) the contents and methods of such treatment;
(B) the anticipated benefits of such treatment;
(C) any reasonably foreseeable side effects that
may result from such treatment;
(D) the results of past applications of such
treatment by the health care practitioner and others; and
(E) any other information necessary to fully meet
the requirements for informed consent of human subjects prescribed by
regulations issued by the Food and Drug Administration;
(4) except as provided in subsection (c), there have been no advertising
claims made with respect to the efficacy of the medical treatment by the
practitioner;
(5) the label or labeling of a food, drug, or device that is a medical
treatment is not false or misleading; and
(6) such individual--
(A) has been provided a written statement that such
individual has been fully informed with respect to the information
described in paragraphs (1) through (4);
(B) desires such treatment; and
(C) signs such statement.
(c) Claim Exceptions.--
(1) Reporting by a practitioner.--Subsection (b)(4) shall not apply to an
accurate and truthful reporting by a health care practitioner of the
results of the practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar meetings, or to
others, so long as the reporting practitioner has no direct or indirect
financial interest in the reporting of the material and has received no
financial benefits of any kind from the manufacturer, distributor, or other
seller for such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale of such
treatment.
(2) Statements by a practitioner to a patient.--Subsection (b)(4) shall not
apply to any statement made in person by a health care practitioner to an
individual patient or an individual prospective patient.
(3) Dietary supplements statements.--Subsection (b)(4) shall not apply to
statements or claims permitted under sections 403B and 403(r)(6) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
 
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
 
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself was
a danger to the individual receiving such treatment, the practitioner shall
immediately report to the Secretary of Health and Human Services the nature
of such treatment, the results of such treatment, the complete protocol of
such treatment, and the source from which such treatment or any part
thereof was obtained.
(b) Secretary.--Upon confirmation that a medical treatment has proven
dangerous to an individual, the Secretary of Health and Human Services
shall properly disseminate information with respect to the danger of the
medical treatment.
 
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
 
If a health care practitioner, after administering a medical treatment that
is not a conventional medical treatment for a life- threatening medical
condition or conditions, discovers that such medical treatment has positive
effects on such condition or conditions that are significantly greater than
the positive effects that are expected from a conventional medical
treatment for the same condition or conditions, the practitioner shall
immediately make a reporting, which is accurate and truthful, to the Office
of Alternative Medicine of--
(1) the nature of such medical treatment (which is not a conventional
medical treatment);
(2) the results of such treatment; and
(3) the protocol of such treatment.
 
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
 
Notwithstanding any other provision of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 201 et seq.), a person may--
(1) introduce or deliver into interstate commerce a food, drug, device, or
any other equipment; and
(2) produce a food, drug, device, or any other equipment, solely for use in
accordance with this Act if there have been no advertising claims by the
manufacturer, distributor, or seller.
 
SEC. 7. VIOLATION OF THE CONTROLLED SUBSTANCES ACT.
 
A health care practitioner, manufacturer, distributor, or other seller may
not violate any provision of the Controlled Substances Act (21 U.S.C. 801
et seq.) in the provision of medical treatment in accordance with this Act.
 
SEC. 8. PENALTY.
 
A health care practitioner who knowingly violates any provisions under this
Act shall not be covered by the protections under this Act and shall be
subject to all other applicable laws and regulations.
 
--- End File ---
 
The Discovery Group
http://www.halcyon.com/discovry/discovry/index.html