Legislative Success in New Jersey Establishes LAc Designation, Eliminates Physician Referral, and Protects AOM Scope of Practice

By Candace Sarges, MAc, CA, LAc, Dipl. O.M.
President, New Jersey Association of Acupuncture and Oriental Medicine

On May 6, 2009, Governor Jon Corzine signed legislation that dramatically changes the New Jersey acupuncture practice act. This marks the first time the NJ practice act has been updated since its inception in 1983. The process of changing the legislation began in 2003 and is the culmination of an intense six years of educating legislators, educating ourselves in the way of politics, lobbying, and negotiating with groups opposing the legislation, including medical doctors and insurance companies.

Bills A1408/S1311 change our title to “Licensed Acupuncturist” from “Certified Acupuncturist,” eliminate the necessity for a doctor’s referral or diagnosis, expand scope of practice (including herbal medicine), redefine acupuncture as the practice of Oriental medicine and criminalize unlicensed practice. The previous practice act already had title protection and only physicians, surgeons, and dentists may practice acupuncture with abbreviated training – a minimum of 300 hours.

This legislation began by defining clear and reasonable goals that were prioritized and pared down to the most essential. The bill text was modeled after other states’ existing statutes and eventually revised by the NJ Office of Legislative Services. Potential bill sponsors were identified based on the types of bills previously sponsored and then meetings were scheduled to pitch our proposal. Sponsors were secured as much by chance as by design. Meetings were then scheduled with all members of each committee, through which the bill would pass, to educate committee members and garner support.

Though the bill moved quite far through the political channels with volunteer work alone, eventually it became obvious that it would go no further without “insider” support. NJAAOM realized the need for a lobbyist. There were some bumpy roads along the way but having a well-established and honest lobbyist was immeasurably helpful. What he brought to the table was good working relationships with most people in the State Capitol – legislators, staff, and other lobbyists. The lobbyist played a key role in guiding us through behind the scenes negotiations with opposing groups and legislators, enabling us to make informed decisions, compromises, and concessions, though we never wavered from our initial goals.

Two of the main reasons for our success were that our goals were clear and reasonable, succinctly articulated, and consistent; and there was only one acupuncture bill in the legislature in the entire six years of this process allowing the profession to speak with one voice as a united front.

NJAAOM is deeply indebted to the advice and participation of AAAOM, NCAAOM, and the many other national and local organizations for sending letters of support and providing feedback throughout this process.

For additional information please see www.njaaom.net

Candace Sarges MAc, CA, DiplOM, is the president of New Jersey Association of Acupuncture and Oriental Medicine. She is a NCCAOM Diplomate in Oriental medicine and is licensed in NJ and MA. Ms. Sarges graduated with a master’s degree from the New England School of Acupuncture, finished her bachelor of science degree at University of Connecticut, and has additional premedical training at Harvard University.