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Hearing to Decide a Self-called Healer's Right to Provide Care
3/30/2004
By Scott Fitzgerald
Staff Writer
An Oklahoma City attorney is arguing court petitions filed against Tammy Joy Kennedy to shut down her alternative healing business should be dismissed because the state Board of Chiropractic Examiners is vague in its definition of chiropractic services and procedures.An assistant state attorney general, however, has responded to that argument, saying the Legislature has defined chiropractic and the board has approved manual manipulation and adjustment as within the scope of practice of chiropractic. 'The Legislature gave chiropractic a very broad brush definition,' said Robert A. Nance, Kennedy's attorney. 'Until they can define the thing, they have no business telling someone what they can or can't do. We don't think every time someone touches someone with their hands, it falls under chiropractic.' Nance will represent Kennedy, a self-described healer, today in a hearing on the motion for a temporary injunction against her business before Associate Judge Richard Perry in Garfield County District Court. The judge can order Kennedy to shut down her business - Nerve Signal Interference Removal Technologies School of Alternative Healing - permanently or temporarily until a final conclusion is determined, or he can dismiss the petition. The hearing begins at 2 p.m. Nance filed a motion with the court earlier this month, saying Assistant Attorney General Grant Moak's shutdown request should be dismissed entirely. Moak is legal counsel for the state Board of Chiropractic Examiners. 'The Board bases its action against Ms. Kennedy on the premise that she is practicing chiropractic without a license. However, under the Legislature's definition of chiropractic, and the Board's own failure to specifically define the scope of practice, no violation of the scope of practice is possible,' Nance writes in his conclusion. In his petition filed in February, Moak said Kennedy is not state licensed to be a chiropractor or in any of the healing arts in Oklahoma. She is practicing chiropractic and 'holding herself out as a practitioner of chiropractic' in violation of state statutes, Moak said. A temporary injunction will promote the state's interest in protecting public health, safety and welfare, according to Moak's filing.
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Comments
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Snap-Crackle-Pop
writes:
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"How funny, the chiropractic people trying to elevate themselves to the status as prowrestlers or televangelist."
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Outraged
writes:
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"I can not believe someone who has been around this field as she was raised would be so incompetent to make adjustments without the proper education. I would not want someone to adjust my back and then if it were done wrong to end up having more damage. I think more of my body than going to the least expensive individual to get an adjustment. Who would risk there permanent health on this kind of person. Think about it. If we could all read books and just decide what field we wanted to be in then there would be no need for higher education and any doctor could perform surgery, dentistry, etc without the proper formal education. Scary thought don't you think?"
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Dsls
writes:
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"I guess if you pop our knuckles that means you are practicing chiropractics. You better get a license. Seems to me other chiropractors are irritated that she won't show them how to do what she is doing (for free) so they want her out of town."
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Buddy
writes:
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"Since the complaints are about what she is doing, rather than about how folks are coming to the Chiropractic community for relief from the effects of her manipulations/therapy gone bad, it seems to be a union complaint more than anything else."
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WHY??
writes:
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"Why would anyone even be going to this lady in the first place. Are we such big suckers that anyone can come in and set up a 'healing shop' and make money? The Psychic Friends Network would flourish in Enid, aparently. Everyone in town knows (or should know) that this is not legit. This lady has had restraining orders taken out against her for her behavior at 2 churches."
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Alternative medicine
writes:
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"If she moved out here to the San Francisco area specifically the Marin county area of California, she could potentially become very wealthy and wouldn't have to give Oklahoma yocals a second thought. They are very open to innovations in medicine. Berkeley University would study the methods with the highest scientific minds . They aren't afraid of change out here like Oklahoma."
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Ponder this--
writes:
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"What if something went wrong during an 'adjustment', injured someone permanently and they had no recourse because she is not required to carry malpractice insurance like real doctors?"
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Jennifer
writes:
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"Ms. Kennedy's problems go much deeper than whether she should be allowed to practice or not. Take a little stroll to her website and see if you would want this person providing any kind of service under the guise of being a 'healer' or chiropractor. I know that this woman lost her daughter this year in a car accident and I feel badly about her tragedy, but I am not sure that she should even be on the street, let alone hanging out her alternative medicine shingle."
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elcox
writes:
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"Ponder this, you might want to check out some of the court documents in regard to one specific licensed chiropractor in Enid who was taken to court because he adjusted a woman who then had stroke like symptoms. He left her to lie in a back room of his office for somewhere around four hours hoping that the symptoms would resolve on their own. When they did not he finally did seek medical assistance for this patient. He was taken to court, but there was no real legal recourse for this woman because this licensed chiropractor chose not to carry malpractice insurance. So much for the integrity of licensed practitioners and the assumed checks and balances of the licensing body and the legal rights of citizens. Let's see how much censorship there is at News and Eagle. The chiropractor was Dr. Tom Smith. This is in public record there at the Enid court house. Check it out. Alternative medicine, I agree with you. Not very progressive back there in the sticks are they? Maybe Tammy should move out here to the Pacific Northwest where she could be appreciated and impact health care for people who have an open mind. I see patients with chronic pain in my nursing practice that I think might benefit from her. Too bad she doesn't live out here."
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Tammy
writes:
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"Hello you all. I'd like to say I'm smiling right now and glad to see that people are beginning to see the light. Some are still recoiling in horror from the experience as you can see but others are basking in the warm glow of what is potentially yet to come. God is good. Thank you San Francisco for letting your voice be heard. If anyone wants to contact me regarding the hope that you have shared I only need the proper contacts in order to set the stage. I would like to say that I HAVE been the one to hear the voiced complaints of the public regarding their damages at the hands of the chiropractors. It is so sad, but fortunately these people have not yet reached the point of no return. I would also like to say that I have received advertising in my mailbox at the school talking about the malpractice process and how the doctor was SOOO glad that he had the legal aid of the malpractice insurance attorney to protect him against the BIG, BAD, GREEDY, and LITIGIOUSLY MINDED, HURT patient of his. Seems to me ridiculous to claim that the malpractice insurance is there for the safety of the patient, when those attorneys fight so fervently to keep their paying customers (the doctors) from having to pay the damages, thereby leaving the patient hung out to dry? Why do you think the price of insurance is going up? Because there is a better way and the cat is getting out of the bag. Meanwhile, the doctors are embroiled in turf wars instead of paying their dues and learning how to REALLY win the battle against disease. Seems to me like the doctors are getting rich off of the sick. Why do you think the doctors would want the sick to become healthy? And one more time, I'm not a CHIROPRACTOR, I'm a Nerve Signal Interference (NSI) Specialist. There is no license for this field, and if there ever will be then I am the one who has the right to set it up. Personally I don't think Jesus ever had a license and since I have decided to follow Him then I guess I won't either. He did say that the servant would never be above the Master. Why is it so hard for the church heads to understand this?"
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elcox
writes:
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"Oh, and Mr. Fitzgerald, interesting that you chose to print this story about Tammy. Why didn't you print the story about how Tammy went to the commission meeting that was televised on PEGASYS a few weeks back where she went in and kicked a little tush. She pointed out to the fine mayor that his city attorney waayyy overstepped her bounds, but despite this he chose not to reprimand his subordinate in public. Thought that was newsworthy. Guess not to a paper that seems to prefer to paint Tammy in a questionable light and protect those in high places."
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Witnessed it myself
writes:
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"On the night the Cowboy Church outside of Enid, had sweet Susie Luchsinger (Reba McEntire's sister) sing her faith, at the end of the service she did something I have never seen done before. She asked the entire congregation to turn to their neighbors and rub each other's shoulders, and then asked us all to turn the other way and rub the shoulders of the person who had just rubbed our shoulders. It seemed such a loving gesture. Yet, with all this said, I can imagine the day when the secret police (chiropractors/doctors) will break down our doors to stop such a kindness, insisting we are all practicing chiropractic! Happy day, chiropractors, you have a whole bunch more people to sue!"
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Ponder this-
writes:
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"Then please, convince her to move to the Pacific Northwest or San Franciso where she can be a medicine woman."
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Leave her alone!!!
writes:
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"I'd rather have someone that was an apprentice for several years work on me than someone with a few years of formal training!.. and I'm in the med profession! So leave Tammy alone, and let her be - if I ever need an adjustment - I'll come to you Tam!"
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Enid resident
writes:
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"A degree is only worth the paper it is written on. I had a possibly fatal infection - went to 4 drs - the only medicine that would help would kill me because I'm severely allergic to it, without the medicine I'd die from the infection. 4 drs = no hope. All were respected in the community. I went to an alternative healer and was 100% better in 2 weeks - the time all 4 dr's gave me to live. I was told to get my exects in order and prepare my kids for my death. They all had higher education and degrees, the alternative healer saved my life - the drs gave me no hope at all. Something to think about!"
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Lullaby
writes:
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"It seems to me that anyone going to an 'alternative-doctor' knows what the risks are, but aren't there risks involved with most doctors. One slip during a 'simple' procedure/medication and you could bite the big one. This is supposed to be a free (ha!) country. She should be able to help people (if she is indeed helping them) without all the legal definitions and 'traditional' beliefs getting in the way. We are always trying to put up borders around people to keep them from doing things. I think the biggest threat to American 'freedom' are the American Citizens themselves."
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Lullaby
writes:
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"In response to the comment about higher education...you are right. It is important, but is it so hard to believe that people are born with special talents? Some people can fix things and have never been 'trained' to do so. People paint, act, repair, counsel, teach, and are very good at what they do and yet... suprise ...they have had NO training. School/training/education can enhance our 'God-given' skills or teach us new ones. If she hasn't hurt anyone then what is the big deal?"
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Rachael(kiddo)
writes:
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"Good luck!!!!!! I LOVE YOU!!!!!!!!!!! LOVE, Rachael XOXOXOXOXOXOXOXOXO"
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Laurene Kennedy
writes:
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"'Outraged', Just wanted to add a little to these wonderful words of wisdom of yours. For one thing, you will probably never get the opportunity to have Tammy 'work on' you, but if you did you would have different things to say. I am Tammy's youngest sister and Tammy in many different cases has worked on me and my daughter, Rachael. If you think that for one moment I would let someone work on my daughter and myself who I didn't trust could do the job without adverse effects, then you are mistaken. Many times Tammy has gotten me out of a jam when I have had pain in my back, neck, shoulder, etc... and she has done a good job. Your concern about having 'it done wrong and ending up having more damage' is unwarranted. Tammy has worked on my neck on two different occasions where she didn't get it quite right the first time. So, instead of doing what you would have (accepting that it couldn't be fixed), I simply told her that I was having more pain than I had before, and for her to check me over again. She did so, found the mistake, and fixed it. No, surgeons and dentists should not practice without higher education, however, Tammy is not either one of those, and does not claim to be. She is very up front about her 'education' and would tell anyone that she doesn't have a license for her 'work' (because there isn't a school to go to that can train and license her). She is NOT a chiropractor, she is a Nerve Signal Interference Specialist. She was taught by the man who founded this technique, who is our Grandfather, Earl F. Craton. He did his own research and helped the public when the chiropractors could not. Grandpa had the opportunity to have 'his work' taught at Parker Chiropractic College in Texas. He told them that they would have to change their curriculum in order for them to have his work, because he didn't want his research taught in 'with their error'. They were not willing to make the change, and he did NOT allow them to have his research. The chiropractors had their chance and they blew it. Therefore, if they couldn't claim his work as chiropractic then, how can they claim it now??? They can't!!!"
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Rick
writes:
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"To all you people who say you know how Tammy feels over the death of her daughter, August, I have one thing to say. WRONG. My wife sat with my daughter for three weeks, she saw how the hospital treated my daughter's case and so did I. For all you people who swear implicitly by the medical system, it is time you open up your eyes and realize that doctors are human, not the God's they portray themselves to be. Being human, they are prone to mistakes, which brings us back to the real reason why Tammy is here. She is trying to show the public that there are alternatives which are viable if they are only given a chance to work. In 1990 I was suffering migraines and was taking two different kinds of pain pills. I had to quit a job at the advice of my neurologist and still drew unemployment. Shortly thereafter I went to Texas to meet Dr. Craton. That morning after Tammy did the needed job (under the tutelage of her grandpa) I was back doing the work that the doctor said I had to quit with no pain, no migraines, or stiffness in my neck. How many of you out there who suffer from migraines would be willing to swap places with me? Every one of you I presume. Fourteen years later, I don't take pain pills, I don't have migraines, I don't pay chiropractor fees every week, nor do I need Tammy to spend any time on my neck, and I don't need to see my neurologist. This field may not work for everybody but I tell you this, I would not trade places with any one of you who suffer from migraine headaches. To all you people who say you feel sorry for Tammy and I on the loss of our daughter, we don't want your sympathy, we need for you to become illuminated."
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Here We Go
writes:
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"Tammy, you had complained about Enid being Hickville. Evidently, San Francisco thinks you're great so do us all a favor - Get out of dodge, head West and find your fortune in California. Have a great trip, never look back and don't call or write. Just go away."
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You funny
writes:
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"Ohhhhh Tammy you big goofy, you wrote all of these praises didn't you. You're so silly girl!!!! You know what we need are comments from real people who aren't sisters, neices, husbands or anybody else you can think up to write these comments, and if they did write them ...how much did you pay them.. you so silly."
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