California Law, Ayurveda and Complementary and Alternative Health
The past few decades have seen an expansion in the practice of Ayurveda in California, yet the full practice and potential of this comprehensive medical system is not currently available in the current legal climate. Native to India, Ayurveda is a medical form developed during the Vedic times, approximately 5,000 years ago. The word ‘Ayur’ means life, while ‘Veda’ means science. Therefore, Ayurveda literallymeans the ‘Science of Life.’ It is a way of life as well as a comprehensive medical system which takes the physical, mental, emotional and spiritual well-being into consideration.
Ayurvedic training in India is equivalent to the training received in the conventional allopathic medical schools. In the U.S. there are many different types of training in the practices and principles of Ayurveda ranging from introduction and certificate programs to masters degrees and clinical doctorates. Organizations including the National Ayurvedic Medical Association and the California Association of Ayurvedic Medicine (among others) within the United States are seeking to increase and optimize standards of education for practitioners.
Rhe practice of medicine in the United States is licensed by states and different medical providers, such as physicians, nurses, chiropractors, acupuncturists, naturopaths, massage therapists and others have specific scopes of practice, activities and skills that legally fall under their training and license.
Under the current California law, Ayurveda is not in itself a licensed profession. Trained practitioners of Ayurveda, like other unlicensed complementary and alternative providers are governed by a bill signed into law in 2002, Senate Bill 577 which initiated the California’s Business & Professions Code sections 2053.5 and 2053.6. It includes language that states a practitioner must not advertise themselves as a physician or surgeon, that they may not perform any procedure that punctures the skin; may not prescribe or administer legend drugs or controlled substances, set fractures and may not “willfully diagnose and treat a physical or mental condition of any person under circumstances or conditions that cause or create a risk of great bodily harm, serious physical or mental illness, or death,” among other conditions and restrictions.
While laws like this, called health freedom laws are on the books in some states and actually allow for the legal practice of unlicensed complementary and alternative medicine providers, rather than them running the risk of being prosecuted for practicing medicine without a license, they do not necessarily allow for the full comprehensive practice and recognition of a profession and medical system, particularly one with as much history and knowledge as Ayurveda. Many profoundly effective treatments used by Ayurvedic physicians in India are not used here in California. And the full possibility of Ayurveda is in this state limited to therapeutic modalities such as lifestyle changes, diet, massage therapy and Yoga practice.
Hopefully over time, the Ayurvedic Community and world renowned experts in the USA, California and worldwide, in particular India, will be able to educate the public and medical community about the comprehensive benefits of Ayurveda and its ability to eradicate disease at its cause by promoting balance and emphasis on preventative measures. To reach this goal accrediting organizations must continue to develop educational and practice standards and we as a community must come together to advocate for accreditation and full recognition of this profession in the United States and California.
The practice of Ayurveda in California in its entirety as is practiced in India will require its recognition as a medical system which will undoubtedly complement the Allopathic medical system and allow for the integrative use of the two systems as a means to prevent future occurrence of the disease and eventually lower the health care cost and ultimately provide for a healthy society.
California Association of Ayurvedic Medicine: Ayurveda-caam.org.
National Ayurvedic Medical Association: Ayurveda-nama.org.
