California Law on Reiki

In the state of California, there are two laws that affect Reiki practitioners. At the state level, there is SB577, described below. Even if you do not live in California, you may find the discussion helpful. I will put any other legal information I discover in the Links section of the is website.

The other law to be aware of is your city or county's definition of massage.

If you are just using Reiki to improve your own life, and work on family and friends there is no issue. However if you are trying to make Reiki into a legitimate licensed business, they are things you should be aware of.

Many Reiki teachers also believe that getting an accreditation as a minister through an organization like the Universal Life Church is sufficient, full details on why this may not be a good idea can be found in William Rands article on Reiki.org

Sections 2053.5 and 2053.6 of the

California Business and
Professions Code, relating to health.
SB 577 affects almost every holistic healing practitioner in the state of California. It went into effect on Jan 1, 2003. It mandates what information practitioner's must be given to clients, it mandates information be added to all advertising. SB577 modified sections 2053.5 and 2053.6 of the California Business and Professions code. For current text see (read down in the document) here.

I am not a legal expert, my opinion is just that, a best guess effort of what constitutes compliance, from my reading of the law, and talking to others.

SB577 has been endorsed and promoted by http://www.californiahealthfreedom.org/

It has been heralded as a great step forward, as the legalization of alternative and complementary healing in California. Reading the law, I am left with several questions and potential issues.
Read the law for yourself
SB 577 : Link to the California Legislature website to:
Read the official text of the law here, read its history and commentary here from the state of California website.
Read the Kudos
Today, September 24, 2002, is a very important date in Health Freedom History.

Lots of folks, especially Health Professionals---may soon be moving to California in droves
What practitioners must do to comply with the law
1. Changes to Advertising

A person who advertises any services ... shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner. (from sb 577)

All ads must state the practitioner is not licensed by the state as a healing arts practitioner. How this must be phrased is uncertain. Healing arts practitioner is an unfortunate phrasing to use, as most people interested in holistic or complementary medicine are more likely to use the phrase 'healing arts practitioner' to refer to themselves, than to use it to as it is here, as a reference to modern allopathic western medicine hospitals, doctors and nurses.

Here are some phrasing that have been suggested. Once again these may or may not be legally sufficient, these are people's suggestions only. Legal opinions would be welcomed.

(So far, I only have my versions listed here, please email me yours for inclusion)

SB577 : Reiki does not require licensing by the state of California (Jessica Miller)

SB577 : Complementary healing arts such as Reiki do not require licensing by the state of California (Jessica Miller)
 
2. Client Information Form and Acknowledgement
... prior to providing those services, do the following:
(1) Disclose to the client in a written statement using plain language the following information: (A) That he or she is not a licensed physician. (B) That the treatment is alternative or complementary to healing arts services licensed by the state. (C) That the services to be provided are not licensed by the state. (D) The nature of the services to be provided. (E) The theory of treatment upon which the services are based. (F) His or her educational, training, experience, and other qualifications regarding the services to be provided.
(2) Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years. (b) The information required by subdivision (a) shall be provided in a language that the client understands. (From SB577)

Here are some examples of forms that have been suggested. Once again these may or may not be legally sufficient, these are people's suggestions only. Legal opinions would be welcomed.

(Right now, I only have my version here, please email me yours so I can include a variety.)

My version appears a bit further down this page.
Questions and Concerns About this Bill
Advertising

A) As a teacher advertising classes rather than sessions, are my ads still affected by this law

B) What is an ad? In magazines, do business card size ads, or classified type ads also require this acknowledgement? What about brochures and flyers sent to a private mailing list? What about ads in national magazines?

 
Client Information Form and Acknowledgement

A) It is required for the client to be able to read the form in a language that they know. Presumably a parent or guardian would be sufficient for very young clients. However, it also means a practitioner can not treat clients who can't read English well, unless they go to the added expense of having their form translated.
 
General Concerns

A) Does this law supercede or have any impact on local restrictions? The laws in California governing Reiki have typically varied by city or county, will this still be the case?

(c) The Legislature intends, by enactment of this act, to allow
access by California residents to complementary and alternative
health care practitioners who are not providing services that require
medical training and credentials. (From SB 577)

B) What are the Legal ramifications if a practitioner is in violation?

What happens if a practitioner is found in violation of this act? Such as if they haven't updated their magazine ad?
California Client Information Form & Waiver
 

California Client Information Form & Waiver
Version Jan 1, 2003
Welcome to Reiki! The purpose of this form is to give you some basic information on Reiki to take home.

What REIKI is

Reiki is a form of complementary medicine, which enhances the body's ability to heal itself.

What Reiki is NOT
Your practitioner is not a licensed physician. REIKI is a complement to 'healing arts services licensed by the state', ie, it is a complement to more traditional western medicine provided by doctors, nurse and hospitals. As a complementary or alternative medicine, REIKI does not require licensing by the state.

Nature of the Services Provided
Reiki Sessions. The client lies down fully clothed. The practitioner(s) place their hands on or above the body and allow the REIKI to radiate from the hands.

Theory of Treatment
Stress, trauma and illness restrict the natural flow of Ki life force energy through the body. By restoring KI to the body, Reiki rejuvenates the bodies ability to relax and de-stress, and supports its ability to heal itself.

In addition to the practitioner radiating the Reiki energy through their hands, sessions may involve the practitioners sweeping their hands above the body in various ways, or incorporating breath or vocal tones to break up energy blocks.

Jessica Miller's Qualifications
Jessica Miller has been practicing Reiki since 1992, and teaching Reiki since 1993. She is a senior licensed teacher for the International Center for Reiki Training. She graduated from the center's licensing program in 1995, having taken (and reviewed) all levels of Reiki Training and Karuna. She continues to study under various other Reiki Masters.

Client Acknowledgment (Will be kept on file for 3 years)
I have been provided with a copy of the above document, in accordance with California state law SB 577:

Client Name: _______________________Date: ____________

How is Massage Defined?

The area of law most Reiki practitioners seeking to create a business have is demonstrating that Reiki is not massage, and that therefore, they do not need to have a massage license. (If the practitioner is already a licensed massage therapist, licensed nurse, etc. this law does not apply)

The Legal world of your city or county probably does not know or care what Reiki is, but they don't want to have to make a new law just for you.

I am indebted to one of my students, Emma R. for walking me through how to do this research.

1) Go to the website for your city. (if you don't find what we are looking for, try going to the county website).

2) Most cities now have their municipal code online. Open it.

3) Look under Business or Business license.

4) Look for information pertaining to massage, and see how it is defined. Since Reiki is traditionally done as light touch, without manipulating, stroking or tapping the body, it may or may not be covered under the definition.

5) Also, while it is important to know the definition when going in for a license, be aware that there may be differences in interpretation. Some may interpret the statute more or less strictly than the actual words. Be polite, and be patient.

If your city/county/state would like to have input in the touchless Reiki class I am developing, please get in touch. Some of what I have in mind for the program can be found in the Reiki explorers section of this site.