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Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience:  26 years litigating important insurance and injury cases; well-known legal author
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I want to open energy-healing practice -where can I get a ...

Customer Question

I want to open energy-healing practice -where can I get a draft of disclosure for patients to sign ?
Submitted: 8 years ago.
Category: Legal
Expert:  Lawrence N. Rogak, Insurance Atty replied 8 years ago.
First you need to find out whether your states requires a license to practice this energy healing.
Customer: replied 8 years ago.
I do have a certificate and I know that other practitioners of the similar healing have just the same.
So I want to get a draft of a waiver of Liability.
Expert:  Lawrence N. Rogak, Insurance Atty replied 8 years ago.
Please tell me the exact kind of license you have so I can help you better.
Customer: replied 8 years ago.
Reply to Lawrence N. Rogak, Insurance Atty's Post: It is Reconnective Healing certificate of seminar completion. The is aweb-site :Reconnection.com that can give more info on that type of healing.
It is off-hand technic.

Thank you,
Marina
Customer: replied 8 years ago.
What waiver of Liability you would suggest for Reiki patients ? It should be something similar.
Customer: replied 8 years ago.
I want to start practicing Reconnective healing -this is an alternative energy healing.
Do I need to prepare some kind of waiver/disclosure for patients to sign ?
I live in Massachusetts.
Expert:  Lawrence N. Rogak, Insurance Atty replied 8 years ago.

http://www.reconnetwork.com/TheReconnection/RA/forms/pdfs/ClientInfo.pdf

This is a link to a client information/waiver form that is specifically recommended by the Reconnective Association. Download it and print it out. This form is provided by your association and should meet your needs.

Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience: 26 years litigating important insurance and injury cases; well-known legal author
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Customer: replied 8 years ago.
Thank you very much !

Could you do me a favor and tell me -was it on the web-site ?
Can't believe they didn't told us about it.
Expert:  Lawrence N. Rogak, Insurance Atty replied 8 years ago.
Strangely enough, I found it on their website, but when I just went back to try to find it again, it's not there. Lucky I did find it!
Customer: replied 8 years ago.
That was miracle !

thank you,
Marina
Expert:  FamilyPhysician replied 8 years ago.
Before you start any "healing" in Massachusetts, you need to carefully review the definition of the practice of medicine

The Practice of Medicine: the following conduct, the purpose or reasonably foreseeable effect of which is to encourage the reliance of another person upon an individual's knowledge or skill in the maintenance of human health by the prevention, alleviation, cure of disease and involving or reasonably thought to involve an assumption of responsibility for the other person's physical or mental well being: diagnosis, treatment, use of instruments or other devices, or the prescription or administration of drugs for the relief of diseases or adverse physical or mental conditions. A person who holds himself out to the public as a "physician" or "surgeon," or with the initials "M.D." or "D.O." in connection with his name, and who also assumes responsibility for another person's physical or mental well being, is engaged in the practice of medicine. The practice of medicine does not mean conduct of the type described above lawfully engaged in by persons licensed by other boards of registration with authority to regulate such conduct; nor does it mean assistance rendered in emergency situations by persons other than licensees.
http://www.massmedboard.org/regs/243cmr.htm

I am not sure that the "release" suggest by the organization that offered you training would protect you from charges of practicing medicine without a license, particularly since you used the term "healing"
Expert:  Lawrence N. Rogak, Insurance Atty replied 8 years ago.
In Massachusetts, some individual cities, such as Beverly, do issue licenses for "Reconnective Healing" practitioners.
Expert:  FamilyPhysician replied 8 years ago.
This particular subsection of the MGL - Chapter 112, Section 228 may apply (it refers to an exemption from licensure requirements for massage therapists)

(b) Nothing in this section shall prevent or restrict the practice of a person who uses touch, words or directed movement to deepen awareness of patterns of movement in the body, or the affectation of the human energy system or acupoints or Qi meridians of the human body while engaged within the scope of practice of a profession with established standards and ethics, but such services shall not be designated or implied to be massage or massage therapy. Such practices shall include, but not be limited to, the Feldenkrais Method; Reflexology; The Trager Approach; Ayurvedic Therapies, Rolf Structural Integration, Polarity or Polarity Therapy; Polarity Therapy Bodywork; Asian Bodywork Therapy that does not constitute massage as defined in this chapter; Acupressure; Jin Shin Do; Qi Gong; Tui Na; Shiatsu; Body-Mind Centering and Reiki. These exempt practitioners may use the terms “bodywork”, “bodyworker” and “bodywork therapist” in their promotional literature.
http://www.mass.gov/legis/laws/mgl/112-228.htm

The use of any term such as HEALER may be problematic. This section allows certain individuals (such as Reiki) to use bodywork, bodyworker, and bodywork therapist. You may be better to limit yourself to these terms.