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THE MEDICAL BOARD OF CALIFORNIA SHUT DOWN OUR COLON HYDROTHERAPY OFFICE, AND WE NEED YOUR HELP. #fb

May 4, 2012

Shea is a shining star in the health and wellness industry. Please help if you are called to. Hearts! Sacred Steve

From: Shea Lynn Baird [mailto:shea@shealynnbaird.com]

Sent: Thursday, May 03, 2012 12:27 PM

To: Shea Lynn Baird

Subject: THE MEDICAL BOARD OF CALIFORNIA SHUT DOWN OUR COLON HYDROTHERAPY OFFICE, AND WE NEED YOUR HELP.

This letter is to our friends from the Raw Foods Community and Monday Night LIVE! at Cafe Gratitude.

THE MEDICAL BOARD OF CALIFORNIA SHUT DOWN OUR COLON HYDROTHERAPY OFFICE, AND WE NEED YOUR HELP.

PLEASE READ.

Hey guys – it’s Shea.

Some of you know this already, and some of you don’t. Five weeks ago something pretty bad happened and I’m writing to tell you about it –

and to ASK FOR YOUR HELP.

We find ourselves engaged in a situation, the outcome of which will either have a negative or positive effect on all California colon hydrotherapists (ALL colon hydrotherapists nation-wide, more likely), and we need your help. Your donations can help us actually see this situation through.

I fully realize not everyone reading this will want all the details so I am giving you the bullet points first, followed by a longer, more detailed version of the story.

THE BULLET POINTS:

• On March 22nd the Medical Board of California shut us down under immediate threat of felony charges for practicing medicine without a license – for doing colon hydrotherapy.

• We have been 100% compliant with all guidelines set forth by the state, and the Medical Board investigator didn’t care.

• We were lied to, threatened and denied time for legal counsel.

• In the process of shutting us down the investigator made a threat to colon hydrotherapy as a whole.

• At this moment we aren’t allowed to practice colon hydrotherapy and we have almost zero income.

• By default we have become the face of this fight – to protect colon hydrotherapy as an alternative health care practice in California, and actually nationwide.

• After meetings with 8 different lawyers we finally found legal assistance who believes we have a chance to overturn the action of the medical board.

• Also – If you live local and want to support us by getting services, Stephen is doing Massage, D-Tox Foot Baths & Infrared Sauna appointments right now. (Call 415-215-1044)

I am reaching out to you, our friends, because if colon hydrotherapy ceases to be in California the Medical Board will begin its power grab for alternative health modalities in earnest.

We are raising funds to help us actually be able to fight this fight. Our immediate goal is at least $10,000 for our legal fees.

This is not easy for us to ask, believe me. (I actually find it rather mortifying.)

But we would really appreciate donations to our cause.

You can send your donations by using PayPal.com. Click on “Send Money” and insert this email address: shea@everybodycleansing.com.

Or you can mail a check directly to us at:

Shea Baird

446 Lincoln St

Santa Rosa, CA 95401

Thank you all for being such an amazing support system in our lives. Stephen and I love what we do and it has been a pleasure serving our clients. Let’s everybody pray or visualize (or whatever you do) that we can find a way to continue to do so.

xxoo

Shea Lynn Baird & Stephen Barlow

MORE DETAILED VERSION:

On Thursday March 22nd, an investigator from the Medical Board of California walked into my husband and my colon hydrotherapy office and aggressively threatened and intimidated us into signing a cease and desist affidavit on the spot. His threat was immediate felony charges for practicing medicine without a license, and up to 28 years in jail.

He backed up his claim with a copy of a ‘law’ that turned out to be the 2002 AG’s opinion, which we all believed was overturned 2 months later with the passing of SB-577. (I have been in compliance with SB-577 since its inception.) He didn’t give us time to read the paperwork and he refused us legal counsel. Under extreme duress (I was crying so hard I could barely breathe or hold my pen) we signed.

On his way out of our office he said, “I am fully aware that there are several other therapists in your area, and many more in California – you’re just first. “

Now the history behind this, in Cliff Notes version, is that the Medical Board of California has tried to do this before. I think it was about 12 years ago, right before I started my practice, they tried to end colon therapy in California. In July of 2002 the Attorney General released an opinion that said that the state of California has decided that colon hydrotherapy is a medical procedure. Two months later, in September of 2002, there was a Senate Bill passed (SB-577) supposedly amending that decision. Out of SB-577 came a set of guidelines, called the State of California Guidelines (as part of the state’s Business and Professions Code), which allows alternative health care practitioners the right to market and practice in their businesses as long as they follow the guidelines. Since that time I have had a copy of these guidelines signed by each client and in each client’s file. I have been in compliance. This Medical Board investigator basically said they don’t care about SB-577. And they obviously also don’t care about our 9th Amendment Right to self-treat.

(Note: when things quieted down in California, a decade’s long battle was started in Texas. There have also been issues in Louisiana, Washington State, New York and several other states from time to time.)

So what does all this mean? In the broader picture I hate to speculate. The first lawyer we spoke to told us that it looks like the Medical Board is using us as a test case. They might wait to see if we go down easy – and if so attempt to restart their witch hunt on colon therapists and other alternative health care practitioners in California. He also pointed out that other states will be watching to see what California gets away with. His advice was to either A) go back to work and get arrested on purpose so we can fight this in court, or B) take the offensive and sue the state. Neither of those options were appealing to us.

At this point, 5 weeks or so after our visit from the medical board, there has been one other situation down in Whittier, CA, where the medical board attempted to stop a new practitioner from opening her office. Although that situation clearly has a very different set of circumstances, it had an eerily similar script coming from her Medical Board investigator. “Unless you are an MD, or an RN working for an MD, colon hydrotherapy is a felony charge of practicing medicine without a license. We don’t care about SB-577.”

Stephen and have spoken to at least 8 different lawyers. The meetings have all been the same. They say, “Wow – that is terrible. I am so sorry that happened to you. But this is not my area of law. Good luck!”

At first I thought there was no way I had it in me to be the face of this fight. I spent a couple weeks obsessing over ways I could go back to work without a fight. I thought of everything – private club, making it my religion, becoming a certified medicine woman. You name it, I researched it. And many, many times Stephen and I discussed walking away from the work and the clients that we both love.

But then, as the weeks passed, two things happened.

1. Every lawyer we talked to agreed on one point: That it was of the utmost importance that we get our cease and desist reversed. They all said that if we didn’t get it overturned that the state would use this case to set a new precedent. They also thought that other states would be watching.

2. The other thing that happened was I finally stopped being sad and feeling terrorized 24 hours a day and I got angry instead.

Those two points plus the fact that last week we found someone to help us that has a successful track record of winning similarly themed cases and has a plan that we are already putting in motion, means that for right now it looks like we are the face of this fight.

Already the research being done on our behalf has uncovered some interesting stuff. Although SB-577 may not be the legal safety net we have all been lead to believe it is, we are seeing other defenses and areas of the law that can and will be challenged if we have the funds to move forward.

If we win this, the Medical Board will have to tuck its tail and slink back under its rock. Please understand that we not only do this for ourselves, but for ALL California colon therapists – and really for ALL COLON THERAPISTS NATIONWIDE.

BUT WE NEED YOUR HELP.

This situation will take at least 60 days before we see where things land.

We have no income right now – neither of us are allowed to practice (even though I can name 20 other therapists in a 60 mile radius). We have started looking for a part time jobs. We are trying to keep our office space for at least 2 more months so that we have an office to go back to – but we need financial support. We are setting an initial and immediate goal of at least $10,000 for legal fees.

I have over 12 years as a therapist and have over 2000 clients. Stephen has been a therapist for almost 4 years now. And right now, neither of us is allowed to work. We have no income. Our minds boggle at the fact that our state did that to us. If you believe in what we’re doing, and you see how this will benefit all alternative health care practitioners, not only in California but everywhere, and how that in turn benefits you and your patients and clients, please consider helping.

You can send your donations by using PayPal.com. Click on “Send Money” and insert this email address: shea@everybodycleansing.com.

Or you can mail a check directly to us at:

Shea Baird

446 Lincoln St

Santa Rosa, CA 95401

Thank you so much for reading this.

Shea Lynn Baird & Stephen Barlow

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One Comment leave one →
  1. Deborah permalink
    May 7, 2012 10:32 pm

    One way to have stalled this investigator was to ask if he had a warrant, if he didn’t then Shea & Stephen have every legal right to request him to leave the premises, as well as, to call the police. These inspectors/investigators will stop at nothing by using strong armed methods, to intimidate, to frighten & threaten the person(s), business, and/or farm that they have come to harass. Most people cave into these methods/threats & don’t realize that all they have to do is to ask to see a warrant…if there is no warrant, then they are to be told to leave the premise, if they don’t, then call the police to enforce the request to leave the premises. If they do not have a warrant, then they cannot continue with the cease & desist order & in actuality it needs to be backed up with a warrant. But many people don’t realize that & these governmental agencies goons know that most people will cave in & not even think about asking about a warrant. If Shea & Stephen had known this, this would have put the cease & desist order on hold while the agent submitted a warrant request (they don’t happen over night), it would have allowed Shea & Stephan additional time to get their legal help immediately involved, as well as, other safety measures before the agent came back with the warrant & cease & desist order. They are not the only ones being harassed by un-elected governmental agents, these goons (from all different agencies) are hitting up farmers markets, food share clubs, farmers, etc. It is getting out of hand & people need to fortify themselves with true & full knowledge of their legal rights & how to protect themselves when being confronted. While this site deals predominately with food/farm/farmers rights & protection, it is still a great website to learn more about protection from strong armed governmental agency tactics: http://www.farmtoconsumer.org/

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