Medical Ozone Legal Status In The U.S.

Is Medical Ozone Therapy Legal?

Health Freedom States

As the FDA has jurisdiction over the entire U.S., then the assertion of Bocci has fallen short. Ozone therapy is forbidden in the U.S. However when the issue is analyzed more closely and comparatively, there are important nuances and limitations about way the health laws are enforced in various states of the United States. As this country has a federal structure, its states have certain powers to legislate on matters that have been authorized.

An investigation carried out in accordance to the Foundation for the Advancement of Innovative Medicine (FAIM) found 15 states that the FAIM has been called “Health Freedom States” and that are divided into three categories:

States with laws that protect patient access to alternative therapies practiced by licensed physicians:

  • Alaska
  • Colorado
  • Georgia
  • Indiana
  • Massachusetts
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Texas
  • Washington

States with laws that protect patient access to alternative therapies practiced by all licensed professionals in health care:

  • Florida

States with regulations protecting patient access to alternative therapies by licensed physicians:

  • Louisiana
  • Nevada
  • Texas

Health freedom legislation in 15 states

The comparative law analysis for the 15 states conducted by Schwartz et al,  was made on six specific themes:

  • Definitions of non-conventional medicine and/or alternative medicine and / or complementary and/or integral;
  • persons authorized to practice unconventional medicine;
  • sanctions for physicians;
  • patient rights;
  • informed consent;
  • participation in state medical boards;
  • and non-discrimination for alternative medicine.

Conclusion: Ozone therapy can be practiced in 15 U.S. states.

Although ozone is not a drug approved by the FDA, the legal analysis showed that non allopathic medicine can be used in the following 15 U.S. states:

  • Alaska
  • Colorado
  • Florida
  • Georgia
  • Indiana
  • Louisiana
  • Massachusetts
  • Nevada
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Texas
  • Washington

No regulation in the fifteen states specified ozone therapy, but also did not list any unconventional therapy. However it may be interpreted that ozone therapy may be used in 15 U.S. states, under the health freedom laws – named for the Foundation for the Advancement of Innovative Medicine (FA IM ) – to be used as non-conventional therapy.

The practice of ozone therapy will be subject to the specific regulations of each of the 15 states. Basically these requirements can be summarized in two parts:

  • The therapy is to be practiced by a medical professional licensed to practice the profession and with skills in the use of ozone therapy.
  • Preparation of an informed consent that varies from state to state, where – among other points – the type of treatment to be done is specified. In two states, informed consent must specify that ozone therapy is still experimental and is not authorized by the FDA.

Source: Ozone Therapy And Legislation – Analysis For Its Regularization