Hello.
I've recently started a correspondence course in herbalism. This is motivated partly to underpin a long-standing interest and partly to support and promote the resilience of my local community. I think that in due course I'd like to set up a (very) small scale herbal consultancy business to gain experience.

I'm vaugely aware of the EU Traditional Herbal Medicines Directive, and have seen some comments recenlty on this forum on the issue.

Now, with apologies in advance if this is a common question (and I confess I haven't searched this forum effectively to find out) or if I'm coming over as somewhat cowboy, can anyone clearly comment on the legal position if I were to give herbs or herbal advice to a stranger for money?

Chris

Hi Chris

I don't think we have had this question on the forum before, so thank you for asking it. It's interesting, because I was under the impression that one couldn't set oneselve up as a herbalist in the UK and treat people for money without a recognised degree and membership of an appropriate professional organisation. I was advised by Henriette Kress recently that this is not the case. Until there is a legal requirement for people to be suitably qualified and allied to a regulatory professional body, anyone can call themselves a herbalist and charge for advice, treatment and information.

However, the most important thing to think about is insurance. If you only do a correspondance course which is not recognised by a medical herbalism professional body and don't undertake clinical experience, then your access to insurance is limited. If you sell your advice or herbs and this subsequently causes harm to a person, they then can sue you for the damage caused. For example, I recently suggested to someone who was having trouble with their lymph system that they might like to try some cleaver tea. I mentioned it to a herbalist friend of mine and she said, "But what if that person has cancer cells which are then moved around the body by the lymph system as a result of you telling her to drink cleaver tea. She could sue you for causing her harm and a judge would probably agree with her."

At the moment, it is a minefield. If you are wanting to develop your community, perhaps you can think of sharing information and experience on a co-operative basis without exchanging money.

I'm sure other people will have other ideas and suggestions.

Good luck!

Sarah

The shocking truth is as Sarah says. You can set up in practice as a herbalist without any training. However, Sarah makes a very important point about insurance. You would be putting yourself as well as your patients at risk without it.

Herbal medicine regulatory bodies (there are about 5 of them), now require their members to have training to degree level. They then make insurance part of their professional fees.

In a short time (it is thought by 2011 when the Traditional Use Directive effecting the sale of herbal medicines come in to being)Herbalists are to be registered by the government. This will require anyone calling themselves a 'herbalist' to be a degree qualified practitioner. Even people trying to get round the requirment by calling themselves something suggestive of a herbalist will be breaking the law!

This is being sold as 'protecting the public', and although herbalists in general agree that this is necessary, many are worried about the future of herbal medicine after this legislation comes in to being. There has been a hugh debate about this, but the government will have the last word.

This is why the Herb Society's role in protecting the history and practice of herbal medicine, as well as all other uses of herbs is just as important today as it has ever been.

I hope this is useful to you
Best wishes - Jenny

Thanks Sarah and Jenny - that is excellent information, and I appreciate your taking the time to write.

Hmmm...agreed insurance is an issue. I guess in the future I'll post a 'who insures non-NIMH accredited herbal practitioners' style Q.

2011 is really just around the corner... I note there are tonics on sale that could be covered by the EU directive...

It's a fine line, isn't it: regulation is a good thing - nobody wants snake oil or rashly advised toxins - yet over-regulation is decidedly iffy - will my local health food store still be able to sell me chamomile..? (and more importantly, could I suggets to a client/friend/family member that they take such-and-such for the good of their health? (insurance not withstanding)). I suppose there is a distinction to be made between 'medicine' and 'dietry supplement'...hmmm...complex...

Anyway, thanks, I think you've helped a lot.

Warmest

Chris