Is it legal?
Absolutely. There is no legal prohibition against a licensed medical doctor using chelation therapy for whatever conditions he or she deems it to be correct, even though the drug involved, EDTA, does not yet have atherosclerosis listed as an indication on the FDA-approved package insert.
The FDA does not regulate the practice of medicine, but merely approves marketing, labeling and advertising claims for drugs and devices in interstate commerce. It costs many millions of dollars to perform the required research and to provide the FDA with documentation for a new drug claim, or even to add a new use to marketing brochures of a long established medicine like EDTA. Physicians routinely prescribe medicines for conditions not yet included on FDA approved advertising and marketing literature. Several respected physician organizations sponsor educational courses in the proper and safe use of intravenous EDTA chelation.
The American College for Advancement in Medicine publishes a physicians’ Protocol which contains professionally recognized standards of medical practice of chelation therapy. On the question of legality, courts have expressed the opinion that a physician who withholds information about the availability of other treatment choices, such as chelation therapy, prior to performing vascular surgery (along with all other treatment modalities) is in violation of the doctrine of informed consent. Withholding information about a form of treatment may be tantamount to medical malpractice, if as a result, a patient is deprived of possible benefit.
Thus, it is the doctors who refuse to recognize and inform their patients of chelation who are risking legal liability-not those chelating physicians informed enough to resist peer pressure and provide an innovative treatment which they feel to be the safest, the most effective and the least expensive for many of their patients.