Several states within the US have passed Health Freedom Laws to allow unlicensed health care providers to advertise and provide their services legally, while complying with certain requirements specified within the law.
Health Freedom Acts, in general, aim to reduce government restrictions on healthcare choices and practices. They often focus on allowing individuals to choose their healthcare providers and treatments, including those that may be considered non-traditional. Some states have enacted legislation that protects consumers' access to certain practitioners, particularly those offering complementary and alternative medicine.
Update on Relevant Activity in 2025
States with "Safe Harbor" Laws
As of 2025, several states have enacted "safe harbor" practitioner exemption laws, offering protection for individuals practicing alternative or traditional healing therapies. These states include Minnesota, Rhode Island, California, Louisiana, Idaho, Oklahoma, Arizona (for homeopaths), New Mexico, Colorado, Nevada, and Maine.
Recent Legislation
Idaho: Senate Bill 1023, concerning "medical freedom," was introduced in the Idaho legislature in 2025.
Oklahoma: Senate Bill 361 and House Bill 1145, both filed as "Safe Harbor" bills, address traditional and indigenous healing therapies. They focus on preserving public access to these methods and the right to practice them.
South Carolina: House Bill 4009, the "South Carolina Medical Freedom Act," was introduced in the House on February 13, 2025.
Colorado: A new law in Colorado includes coverage for gender-affirming healthcare and clarifies provisions related to it.
Federal Legislation
The Servicemember Healthcare Freedom Act of 2025 (H.R. 3547 and S. 1861) was introduced to address healthcare options for reserve component and National Guard members who are also federal employees.
Bills with "Health Freedom" in Title (Federal)
Other bills at the federal level with "Health Freedom" in their titles, such as H.R. 317 (Healthcare Freedom Act of 2025) and H.R. 71 (Veterans Health Care Freedom Act), were introduced in the current Congress but are in the early stages of the legislative process.
Note: The term "Health Freedom Act" may refer to different types of legislation depending on the state or specific context. The information provided here is based on the search results for the given query. For detailed information on specific state legislation, it is recommended to consult the respective state legislature websites.
Detailed Look at Health Freedom Acts
1. Freedom of Choice and Access to Healthcare
The "Freedom of Choice in Health Care Act" allows individuals to enter contracts with healthcare providers without state mandates or penalties.
Expanded HSA Access: Some proposed Healthcare Freedom Acts, like the one introduced by Rep. Chip Roy, would allow anyone to hold a "Health Freedom Account" (HFA).
Direct Medical Care: The Direct Medical Care Freedom Act aims to allow individuals to use direct primary care and other cost-saving healthcare solutions without fear of penalties or restrictions.
2. Practitioner Exemptions and Complementary Care
Safe Harbor Laws: Several states have passed "safe harbor" laws that protect consumers' access to certain practitioners, often those offering complementary and alternative medicine.
Unlicensed Practitioners: Some Health Freedom Acts allow unlicensed healthcare providers to practice under specific conditions, enabling access to less traditional treatments.
Exemptions for Specific Treatments: Some laws may protect physicians' licenses from action based solely on their recommendations for investigational treatments.
3. State Examples and Initiatives
States with Health Freedom Legislation: States like Minnesota, Rhode Island, California, Louisiana, Idaho, Oklahoma, Arizona, New Mexico, Colorado, Nevada, and Maine have enacted health freedom laws.
Idaho's Medical Freedom Act: Idaho has enacted a law protecting individual medical freedom, preventing discrimination based on health choices in employment, education, and businesses.
Idaho's Governor's Veto: The Idaho Governor vetoed a bill that would have banned medical requirements in businesses, schools, and government.
4. Federal Initiatives
Healthcare Freedom Act (H.R. 1769): This bill would expand Health Savings Account (HSA) availability, allow individuals to hold HFAs, and increase tax deductions for contributions.
Veterans Health Care Freedom Act (H.R. 71 & S.219): These bills would allow veterans to choose healthcare providers within a covered care system.
Servicemember Healthcare Freedom Act of 2024 (S.4116): This bill would allow members of the Selected Reserve and National Guard holding employment within the Federal Government to choose between military and civilian healthcare plans.
5. Other Related Legislation
Healthcare Freedom and Choice Act (H.R. 379): This bill addresses the length of short-term, limited-duration health insurance plans.
Health Freedom for All Act (H.R. 526): This bill was introduced in the House Committee on Education and the Workforce.
Requirements for Unlicensed Practitioners
Essentially, these health care laws allow the public to have access to unlicensed complementary care practitioners provided they comply with the following conditions:
Most of these laws require that unlicensed practitioners MUST disclose:
- Their credentials and training
- They are not a licensed physician or licensed health care provider
- Their service / therapy is NOT licensed by the state and is alternative or complementary to licensed healing arts services
- A description of their service and the rationale behind it
*Of importance is that whether a law exists within your state, practitioners MUST be transparent with their training and scope of practice.
Prohibited Activities
These laws prohibit unlicensed practitioners from invasive or diagnostic procedures. These laws include but are not necessarily limited to: performing surgery, setting fractures, administering x-ray radiation, prescribing drugs or controlled substances, directly manipulating the joints or spine, physically invading the body except for topical non-harmful and non-prescription applications, recommending discontinuing current medical treatment prescribed by a licensed health care practitioner, making a specific medical diagnosis, or engaging in unethical behavior or behavior that would be otherwise prohibited under state law.
National Health Freedom Coalition
The National Health Freedom Coalition is an organization with the mission of "Promoting access to all health care information, services, treatments and products that the people deem beneficial for their own health and survival; to promote an understanding of the laws and factors impacting the right to access; and to promote the health of the people of this nation." It assists in the adoption of Health Freedom Laws throughout the country. It is important for you to become very familiar with the regulatory laws in your state and if a lay practitioner, consider becoming involved in a Health Freedom Law movement within your area.
For further information re: such laws or activities in your state, visit: http://www.nationalhealthfreedom.org
An additional resource is a CAM blog by Attorney Michael H. Cohen, Esq., thought leader in business law and health care law, advising clients at the intersection of law, business, health and spirituality. He is a former Wall Street lawyer who has authored ground-breaking books on complementary medicine law and policy, and held a joint-appointment at Harvard University.
References
National Health Freedom Coalition (2016) at http://www.nationalhealthfreedom.org
Cohen, M. H., Complementary and Alternative Medicine Law Blog: http://www.camlawblog.com/articles/new-regulation/health-freedom-laws-further-expand-for-complementary-and-integrative-medicine/