Educational and Reference Information

Maharishi AyurVeda Association of America (MAAA)

The Maharishi AyurVeda® Health Professional Association for the US

The Professional Practice of Ayurveda

Please Note: This is not legal advice. For educational and reference purposes only.

The following is educational in nature and not legal advice. The following information and references are for educational purposes only. It is a best effort attempt, but we do not guarantee their complete accuracy. It is the practitioner’s responsibility to review the laws, regulations, policies and practices in the specific states they wish to practice in and to determine what they can and cannot lawfully do.

We recommend practitioners seek legal counsel in this regard and consult with the appropriate licensing board in your state of practice. The legal situation is changing in time so confirm what the situation is in your state(s) at the time you intend to commence your practice. We cannot guarantee the accuracy of any material provided or site linked to in this document. Every practitioner is personally responsible for understanding the laws in their state and practicing in accordance with them.

Below is some material and references that are educational in nature to help you study the legal and professional practice of Ayurveda.

 

Determining Your “Scope of Practice”

1. There are no Boards of Ayurveda in any state.

Practitioners must refer to other federal and state laws to determine their scope of practice.

Licensed practitioners: If licensed, the practitioner must review the scope of practice regulations of their State Board.

Unlicensed practitioners – Main laws to review:

  • Freedom of Health Care (FHC) “Safe Harbor” state laws
  • Dietary practice laws
  • State Practice of Medicine Laws
  • Federal Laws

2. Can I treat disease and disorders with Ayurveda?

In order to use Ayurveda to treat disease you should have one of the following:

  • A license to practice medicine
  • Be in a state with a Freedom of Health Care law that allows Complementary and Alternative practitioners (CAM) to treat disease with their systems.
  • Employment by a MD/DO/Physician

Freedom of Health Care, “Safe Harbor”, State Laws

Unless you have a license to practice medicine, or work under someone who does, in most states you would not legally be able to recommend Ayurvedic treatments for disease.

An exception would be if you work in a Freedom of Health Care, “Safe Harbor” state. Laws in these states allow CAM practitioners to give recommendations from their system for disease if certain conditions are met. The law usually involves giving the client an extensive disclosure.

If you are not licensed to practice medicine, and wish to practice in a Freedom of Health Care State, we highly recommend you read the state law in great detail and follow precisely all its points.

List of states with FHC laws: https://nationalhealthfreedom.org/safe-harbor-laws

Please note: Recently amended Arizona law does not appear to cover Ayurveda practitioners.

Practitioners using the FHC law to practice may not give recommendations reserved for modern medicine to the client. They may only treat disease from within their CAM system.

Important: If you in a state where you have no legal avenue to give recommendations for disease and a client asks you about what they can do for a disease condition, you should not provide a recommendation but refer them to their physician.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

3. Can I give dietary recommendations from Ayurveda?

The following site provides reference to state laws on the providing of dietary and nutritional advice.

https://theana.org/advocate

According to the site if you do not have a license and are in a yellow or red state on the map, you may be limited to education alone and not be able to give individualized dietary recommendations. Please read state law to see if exemptions for your practice might apply. Consult legal advice.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

4. Can I give herbal recommendations from Ayurveda?

Herbs are described as “dietary supplements” in the Dietary Supplements Health Education Act of 1994 (DSHEA)

https://ods.od.nih.gov/About/DSHEA_Wording.aspx

FDA comment: https://www.fda.gov/food/buy-store-serve-safe-food/what-you-need-know-about-dietary-supplements

Laws that prevent unlicensed practitioners from giving dietary recommendations probably would prevent them giving herbal recommendations as well.

However, some have interpreted the law as only allowing non-licensed individuals in FHC states to provide herbal supplement recommendation. Please consult your legal counsel and details of your state law

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

5. Could I be illegally practicing medicine without a license when only giving wellness and prevention consultations?

Important: Please refer to your state law defining the practice of medicine.

Some states may have practice of medicine laws that define treating any imbalance or abnormality as the practice of medicine.
In these states if you in any way give any recommendations for treating disease, disorders, or imbalances you could be practicing medicine without a license. This might possibly include openly diagnosing and treating V,P,K and other “Ayurvedic” imbalances.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.       

6. Where can I offer educational courses and educational advice?

  • It appears this is legal in all 50 states.
  • Members of MAAA will be provided with the 7.5 hour Maharishi AyurVeda Personal Wellness Course (PWC) by Stuart Rothenberg, MD and Nancy Lonsdorf, MD.
    Members can teach PWC to the public or provide to their clients, charge their own fee and keep 100% of the income.
  • Health educators provide information to help the client make decisions about diet, lifestyle, supplements. health programs. They do not give personalized recommendations.
  • Learn to lead clients through information that helps them understand Ayurveda and how it can influence their health. But do not give personalized health information. This is much easier in group education settings rather than one on one.

PWC Introduction and faculty
https://maharishi-ayurveda.us/online-personal-wellness-course/

PWC Curriculum
https://maharishi-ayurveda.us/curriculum-7-hour-course/

  • MAAA is developing more courses Members can teach to the public.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

7. Can I practice Telehealth in my state or across state lines?

Laws vary from state to state. You need to refer to the laws of the state you are in and the laws of the state where the client is.

In general, the laws of the state where the client is are most relevant – but not always.

Often in the state you reside you can provide the same services with telehealth that you can do in person but may have to first have an in-person relationship with the client.

We recommend whenever possible you see a client in person first before you start having phone or video consults with them.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

Taking Legal Steps to Protect Your Practice

1. Consult with a legal professional in your state regarding issues in your practice before you begin

2. Get Malpractice coverage

We feel it is very important for Ayurveda practitioner to have malpractice coverage.

Alternative Balance is a well-known provider. – https://alternativebalance.com/

Each practitioner is responsible for their own research and decision.

*This is educational in nature and not legal advice. We make no claims about the suitability of Alternative Balance for your practice. Please consult legal counsel in your area before beginning practice.

3. Use Agreement Forms and Disclaimers

  • Consultation agreement: Have your client sign an agreement and disclosure form before they take a consult with you. – See Appendix 2 for an example. Please consult legal advice about the final text of your agreement plan.
  • Advertising and website disclosure: You would also want a disclosure statement in advertising that you do. See Appendix 4

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

4. Use an Electronic Medical Records System (EMR)

We highly recommend using an Electronic Medical Records system for your practice for ease of use and security of medical records.

MAAA uses Charmhealth – https://www.charmhealth.com/ehr/ehr-pricing.html

Please see Appendix 1 for full list of benefits.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

5. Avoid Claims with no Scientific Basis

It is very important to not make claims that are not substantiated by scientific research.

If there is no scientific evidence for a claim, then you must frame the information as educational in nature. Refer to general Ayurveda knowledge on the subject and not personalized recommendation for the client’s situation.

Language is key here. We can say things like:

  • According to Ayurveda…
  • According to Ayurveda theory….
  • Classically Ayurveda recommends…
  • The aim of Ayurveda is…

Ayurveda is assessing and balancing the state of the inner biological intelligence of the body

Safest to talk about Maharishi AyurVeda pulse assessment and not Maharishi AyurVeda pulse diagnosis especially if you cannot legally diagnose and treat disease.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

6. Avoid, or only participate after legal counsel, in referral fees and kickback offers

Federal law makes it illegal in many cases for physicians to receive money, commissions, remuneration of any kind for providing referrals to another service.

Please consider the laws that apply to you even in regard to Ayurvedic herbal companies offering commissions on sales for products you recommend to your client.

This is especially important to MD’s where laws may be stricter.

For more information on the relevant Anti-Kickback statute and Stark Law see:

https://oig.hhs.gov/compliance/physician-education/fraud-abuse-laws/

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

7. Find Employment with a licensed physician or work in a FHC state

If you are a member of MAAA and wish to find employment with a MAV trained physician in your state MAAA will place you in the Employment Directory (under development) and send a brief email informing MAV physicians in your area of your availability.

8. Summary of most common mistakes to avoid and good practice policy

  • Do not recommend untested herbs
  • Do not make unsubstantiated claims in advertising
  • Do not give recommendations for disease unless legally allowed to
  • Do not give consults in states you cannot legally practice
  • Always use agreement forms for each client
  • Always include disclaimers in all promotions and websites
  • Never say Ayurveda will “cure’ a clients disease
  • Never tell a client they do not have to see their physician because now they are doing Ayurveda

Promotion & Advertising

1. Provide a disclosure in your ads and website pages – see Appendix 4.

2. Use the Maharishi AyurVeda® trademark properly

See – https://maharishi-ayurveda.us/trademark-use-instructions/

3. Avoid claims with no scientific basis – see above

4. Reference list of Bullet points for ads

You then receive personalized recommendations from the areas of:

  • Diet and digestion
  • Lifestyle and daily routine
  • Ayurvedic herbal supplements
  • Cleansing programs if recommended
  • Mind-Body approaches
  • Spice use in foods and spice waters
  • Aroma Therapy
  • Exercise and body approaches like herbalized oil massage, yoga and breathing techniques as needed

5. Promoting your practice in TM Centers Newsletters

MAAA Members may apply to have advertisements placed in TM Center newsletter to local meditators. There will be a Fair Market Value (FMV) fee that must be charged for this service. To be negotiated by location.

6. Customizing approved advertising templates

A benefit of MAAA membership is MAAA will create approved templates of advertisements than can be used by TM Centers and will work with you to individualize them for your practice.

Please see examples of promotional materials for reference here. Password (somaveda108)

7. Links to reference pages with deeper Maharishi AyurVeda information

These links are for your own information and can provide material you use in promotions. You can also link to help educate your leads and clients.

For examples of advertising see Appendix 5.

Additional Recommendations

Consider a 2-visit introductory program:

Most new clients need a follow-up consult 2-4 weeks after receiving their first set of recommendations.

Check herb availability before you recommend:

Clients get discouraged if you recommend herbs that are not available.

Check with MIU bookstore.. Link to be provided in near future

Spend extra time with your initial clients.

Word of mouth and client referrals is key advertising

National Ayurvedic Medical Association – NAMA

  • NAMA is one of several Ayurveda professional associations in the US.
  • NAMA policies regarding Ayurvedic professional certification types and requirements to use them are not recognized by any state law that we are aware of as of January 2023.
  • However, you having a NAMA certification may be very important to your patients and organizations you wish to work for or gaining employment
  • NAMA is also doing significant work to try to help Ayurveda become a licensed health profession in America.
  • NAMA has a document on their opinion about the legal practice of Ayurveda written in May 2016. We provide the document as background information but cannot guarantee their interpretations are the most legally correct ones.

https://www.ayurvedanama.org/articles/2018/1/22/the-legal-unlicensed-practice-of-ayurveda
*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

Maharishi Ayurveda Association of America – MAAA

1. MAAA is the official US Maharishi AyurVeda Health Professional Association.

2. MAAA provides Certification required to use the Maharishi AyurVeda® trademark.

  • Maharishi AyurVeda is a trademark sublicensed in the US by Maharishi Foundation. If you have received training in Maharishi AyurVeda from MIU or MAAA you may state that and use the degree title you have received.
  • In order to engage in the practice of Maharishi AyurVeda and claim such a credential, and to use the Maharishi mark in your practice, public representations and advertising, you would need to be approved as a Certified practitioner by MAAA and meet the requirements of MAAA membership on a yearly basis.
  • Application at: https://maharishi-ayurveda.us/application/

3. MAAA Membership and local TM Centers

When individuals ask about where to find a Certified MAV practitioner in their area TM Centers refer them to the MAAA Health Professional Directory.

See initial start of Directory in the menu bar at https://maharishi-ayurveda.us/.

4. Joining MAAA – Main requirements

  • Practice according to all applicable federal and state laws
  • Use the Maharishi AyurVeda trademark properly – https://maharishi-ayurveda.us/trademark-use-instructions/
  • Indemnify MAAA, Maharishi International University (MIU) and Maharishi Foundation (MF) for any liabilities arising from your actions as a Maharishi AyurVeda provider
  • Only recommend tested herbs passing legal and passing accepted safe scientific standards
  • Carry malpractice insurance
  • Be practicing in the US See details at https://maharishi-ayurveda.us/application/

5. Joining MAAA – Initial Yearly Fee and Yearly Renewal Fees

            Fees waived the first months of membership

            Upon initial approval for membership MAAA fees are waived for:

  • the first 12 months for students and graduates of the MIU, Maharishi AyurVeda Bachelors and Master’s program
  • the first 6 months for students and graduates of the MAAA, Maharishi AyurVeda Health Professional Training Program

Year Membership Fee

After the monthly waiver period ends you must pay the full initial yearly subscription fee, to retain membership, Certification, benefits, and a listing in the Directory.

  • Yearly Payment Option – $125 one-time payment.

 6. Joining MAAA – Benefits

The many benefits of MAAA are described in the application: https://maharishi-ayurveda.us/application/ (also see Appendix 3 in this document)

The Maharishi Panchakarma℠ Program

MIU is developing a training and Certificate program for those wishing to be trained as Maharishi Panchakarma technicians.

Day Spa or full Panchakarma Centers would need to use Certified MAV technicians, and meet other requirements, to use the term Maharishi AyurVeda and be listed in the MAAA Panchakarma Center Directory.

References on the Maharishi Panchakarma program:

 

Best wishes for your personal health and successful Ayurvedic practice

 

Appendix 1

Main Benefits of Electronic Medical Record Systems (EMR)

  1. Secure email communication of medical Information 

EMR assures practice email communications are HIPAA compliant and provide maximum confidentiality to client medical information.

  1. Secure storage of medical information

EMR creates secure storage of medical records in encrypted cloud-based format.

  1. Limiting effort and limitations of a paper chart system

Clients have a more effortless experience filling out online forms and submitting.

Health professionals (HP) need not deal with all the effort and expense of creating a paper chart system.

  1. Increased ease of access

The HP can access medical records from different locations through their computers. They do not have to have access to the paper chart to review information on a patient.

Multiple practices in different locations can quickly access each other’s records as needed.

  1. Increased ability to share records with labs, other practitioners, and insurance companies.

When a HP refers a patient to another HP it is easy to share medical records electronically with another practice.

  1. Facilitates providing insurance documents

EMRs automatically fills out insurance forms for printing once set up.

  1. Increased ease of coordination between practitioners in a practice

This is especially relevant in MAV practices that could have a physician, a Vaidya and a graduate all involved in a patient’s care and needing to review patient charts.

Also practices with both a consultation practice and Day Spa or PK services can share information seamlessly with each other.

  1. Greatly facilitates a MD overseeing Vaidyas and other Ayurveda health professionals working under their license. 

Vaidyas and Grads can see patients without the physician being present, enter the encounter note information and the doctor reviews at a distance, and signs off on it.

  1. Charm Health EMR is standard at MIU Clinics

The Fairfield MIU Clinic and the Los Angeles MIU Clinic (The Doshi Center for Integrative Medicine), both use the Charm Health EMR. Charm Health EMR may soon be used for MIU Clinicals.

  1. MAAA is facilitating health professionals offering MAV consults in TM Centers to use an EMR system
  2. Increased legibility of records

Handwritten records virtually eliminated.

  1. Facilitates scientific research

Treatment of conditions with specific protocols and lab results can be coordinated across many health professionals and clinics throughout the nation.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

Appendix 2 

Reference – Consultation Acknowledgment and Agreement

In scheduling a health and wellness consultation with health professional name and company name and address I acknowledge and understand that:

  1. This consultation will be based on the principles of Maharishi AyurVeda®, a complementary alternative approach to health, and that this consultation and any information I may gain from it are different from and NOT a substitute for modern medical evaluation and treatment or for preventive testing (such as blood tests, Pap smears, colon screening, mammograms, and any other appropriate screening tests) ________________ (initial here, please).

I understand that the Maharishi AyurVeda health approach uses a unique system of evaluation and health-promotion based on the concepts of balance, three doshas, and overall tissue health.  I understand that the purpose of the consultation will be to assess the level of balance in the physiology and to make recommendations based on the Maharishi AyurVeda health approach to help enliven the inner intelligence of the body and restore balance to the system.

  1. I understand that this consultation and recommendations I will receive are not for the purpose of diagnosing or treating any disease that I may have. ________ (initial here, please).

I further understand that it is not within the scope of this consultation, or follow-up consultations I may receive, for health professional name or his/her staff to assume responsibility for my primary health care or the treatment of specific health problems.  I understand that what I will be receiving will be advice as to holistic diet, lifestyle choices, food supplements, and other natural approaches to creating balance.  __________ (initial here, please).

  1. I understand that any herbal food supplements that I may be recommended have not been evaluated by the Food and Drug Administration nor are these approved by the FDA for the prevention, diagnosis, treatment or cure of any disease condition. __________ (initial here, please).
  2. I understand that the pulse evaluation I will receive is for the purpose of assessing overall balance and is NOT for diagnosing the presence or absence of any particular disease. __________ (initial here, please).
  1. I agree to consult with my regular family physician regarding all matters pertaining to my primary health care, including any prescription medication or modern medical treatment that I may be taking. __________ (initial here, please)
  1. I understand that the Maharishi AyurVeda programs have been developed in part by Ayurvedic experts and scholars associated with universities or other institutions, and that health professional name may consult with such experts in developing the health recommendations I receive. I further understand that such an expert may accompany health professional name during my consultation. However, I recognize and agree that any advice or recommendations I receive are being provided to me solely by health professional name and by no other person or organization.
  1. I recognize that no claims or guarantees have been made to me regarding specific medical benefits or improvements in my medical condition[s].

 

Signature: _____________________________________________ Date: __________________

Printed Name: _____________________________________ Telephone: __________________

Address:   _____________________________________________________________________  

Appendix 3

Benefits of MAAA Membership

Benefit / Service

 Description
Directory Inclusion and Referral Benefits Inclusion in the MAAA MAV HP Directory. Related “Maharishi” organizations refer their participants requesting information on Certified MAV practitioners to the MAAA Directory at https://maharishi-ayurveda.us/directory/
Local Referral Network Membership Member contact information is shared with all MAAA  members in state(s) of member practice to facilitate referrals and communication between members
Unlimited client access to the 7.5 hour Maharishi AyurVeda Personal Wellness Course (PWC) Introduction and faculty – https://maharishi-ayurveda.us/online-personal-wellness-course/

Curriculum – https://maharishi-ayurveda.us/curriculum-7-hour-course/
1. Member HP can add any fee they wish to their consultation for extra value of including the PWC.
2. HP can provide PWC to students in educational classes they teach and choose the fee to charge.
50% discount on any approved CE course offered by MAAA 6 hours of approved CE are required each year to maintain MAAA membership and be listed in the Directory
10% discount on Maharishi PanchakarmaSM Programs for self and spouse at the Maharishi AyurVeda Integrative Health Center (MAVIHC) on the  MIU campus. www.miu-clinic.org
Full treatment program daily price fee is $350 as of 08/27/21.
10% discount only on full price. Cannot be used with additional discounts being offered.
Powerpoint and PDF slides from PWC on all major Ayurveda principles Taken from the PWC
Approval to apply to speak at local TM Centers MAAA membership is required to apply and approval is at the sole discretion of local TM Center Directors.
Advanced in-person clinical training

Attend advanced in-person clinical training when offered to members by MAAA or MIU. Additional fees will apply.

 

Appendix 4

Advertising disclosure for reference only

Products and information provided on this site are not intended to diagnose, treat, cure or prevent any disease.

The statements on this website have not been evaluated by the Food and Drug Administration.

If you have a medical condition, consult your physician. Consult your physician before making changes in lifestyle and diet. All information is provided for educational purposes only.

The Transcendental Meditation® technique, Maharishi AyurVeda®, and any course, service, or product on this site is not intended to be a substitute for professional medical diagnosis or treatment.

Always seek the advice of your physician or other qualified health provider regarding any medical condition or before making changes in lifestyle, exercise or diet.

*This is educational in nature and not legal advice. Please consult legal counsel in your area before beginning practice.

The above is educational in nature and not legal advice

The above information and references are for educational purposes only. It is a best effort attempt, but we do not guarantee their complete accuracy.

It is the practitioner’s responsibility to review the laws, regulations, policies and practices in the specific states they wish to practice in and to determine what they can and cannot lawfully do. We recommend practitioners seek legal counsel in this regard and consult with the appropriate licensing board in your state of practice. The legal situation is changing in time so confirm what the situation is in your state(s) at the time you intend to commence your practice.

We cannot guarantee the accuracy of any material provided or site linked to in this document. Every practitioner is personally responsible for understanding the laws in their state and practicing in accordance with them.

Above material is educational in nature and contains references that might help you as you study the legal use of Ayurveda in your practice.

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admin@maharishi-ayurveda.us

The Transcendental Meditation® technique, Maharishi AyurVeda®, and any course, service, or product on this site is not intended to be a substitute for professional medical diagnosis or treatment.

Always seek the advice of your physician or other qualified health provider regarding any medical condition or changes in lifestyle, exercise, or diet.

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