Howdy Members,

Our email list for state presidents has been very successful in keeping an ongoing dialogue between the states. One of the best benefits for our members, and the acupuncture community as a whole, is the immediate response we can get for and from each other. If your state association is not part of the dialogue, please let me know so that your association president can get linked up to know what goes on with the rest of the country.

Here are some updates on recent issues:

New Jersey

For New Jersey, there was a recent scare that only massage therapists (MTs) would be able to use the term “Medical QiGong”. Candace Sarges of NJAAOM was able to successfully negotiate with the MTs, and they deleted their claim to "Medical QiGong" from the bill text, as well as MTs ability to use herbs. They also added language to clarify that those L.Ac.’s who practice overlapping therapies (e.g., tui na, shiatsu, etc.), have the right to continue to practice, advertise, and use those titles since L.Ac.’s are already licensed and trained to do so. Candace looks forward to many legislative successes this year!

New Jersey also encountered an issue with the chiropractors trying to get minimal acupuncture training requirements, like the MDs have. The chiropractic bill stalled after it passed the Assembly committee, and then the legislative session ended, so the bill died and must be reintroduced in the 2008-2009 session. The problem begins again since the chiropractors haven't wasted any time; the chiropractic bill is registered to be reintroduced at the next possible session. One small hindrance that the chiropractors have run into is that their primary sponsor in the Assembly was voted out of office, so they must find a new sponsor. Due to this issue, they have decided to introduce the bill to the Senate Committee first.

The NJ L.Ac.’s have also been trying to update their own acupuncture statute to: 1) change their title from “Certified Acupuncturist” to “Licensed Acupuncturist” 2) get rid of the physician referral/diagnosis, and 3) secure the scope of practice by moving a large part of the rules and regulations to the statute. Physicians who practice acupuncture were a hindrance, but Candace has negotiated successfully at the end of last year and is hoping they don't run into any further opposition. This bill must also be reintroduced, something the NJAAOM is working on right now.

Any support would be accepted and welcomed; if you can help in any way feel free to contact Candace Sarges at www.jewjerseyacupuncture.com

Ohio

Carrie Craddock, legislative chair of OAAOM, is leading the charge to improve the practice law in Ohio. This is one of the few states that requires both referral and supervision of acupuncturists. They introduced a bill in the Ohio Senate that will lift that requirement for acupuncturists who have practiced longer than 1 year. They have had three hearings. Betsy Smith from NCCAOM testified at the proponent testimony along with Carrie. Last week opportunity was presented for opponents to testify, and happily no one testified. The Ohio State Medical Association and the Ohio State Chiropractic Association have determined that they will not oppose the bill.

The state medical board licenses acupuncturists in Ohio. The board is meeting this week to discuss the bill, and OAAOM is hopeful that they will not oppose. Their lobbyist is hearing rumblings that they will not oppose. When the Senate is back in session next year, they will be ready for the subcommittee vote which will end the year on a good note.

Unfortunately, the state medical board which oversees LAc practice has ruled that the practice of herbs in Ohio is considered prescribing medications and can be prosecuted as a felony. Their practice law does not mention herbs.

Virginia

It looks like we are stuck with PTs doing “dry needling” in Virginia. Members of the Acupuncture Advisory Board met with members of the PT Board to work out compromise language for the consent form for patients opting for this treatment. The Acupuncture Society of Virginia had considered requesting a legislator to call for the attorney general to rule on whether this was acupuncture as defined by the state (which it clearly is). However, political reality being what it is, Ann Furniss, LAc of Virginia’s Acupuncture Association, feels that the ruling would not be in our favor.

Indiana

Indiana is not supervised, but efforts continue to get a referrals removed. They had no opponents thus far when they introduced a change to the wording, but the bill was thrown out for other reasons, so they must wait again. It has taken over ten years to get this far.

If you can help Indiana with this issue or would like to help coordinate CEUs for the Midwest, feel free to contact Mitch Harris, IAAOM President at info@iaaom.org

Colorado

As the 2008 legislative session resumes this month, the Colorado acupuncture association will once again be tackling this issue of “dry needling” by PTs. (For a brief summary/history of this issue, please see Valerie Hobbs' article in the Sept/Oct. issue of the AAAOM publication The Qi-Unity Report). On a positive note, the naturopaths in Colorado are seeking licensure, and DORA (the regulatory agency) actually contacted the Colorado Acupuncture Association first to ask if we had any concerns or objections to this matter! Fortunately, the naturopaths are not asking to be able to practice acupuncture, so there is no problem here at the moment, but Nancy Bilello, AAC president, thought it was great that DORA contacted them first. She says, “I think that our fight in the “dry needling” area has made them realize we are a force to be reckoned with!” Nancy can be contacted at Acucol.com.

If you can offer help or wish to lend your voice to any of these issues, please contact me or the proper state representative for the region concerned.

I extend my gratitude to everyone who continues to keep all of us informed about these issues and for those who pitch in to help and to educate us all on how to make appropriate changes. Again, if your state is not part of our discussion lists, let me know so we can get your president in the loop.

Phranque Wright DAOM
AAAOM – State Affairs Committee Chair