MEMBERS ATTENDING:
David Paton, President, Professional Member, MD
Pete Gonzalez, Vice President, Executive Director, AZ
Penny Heisler, Treasurer/PR Chair, Executive Director, MD
Rosemarie Ortiz, Secretary, Executive Director, NM
Anna Hansen, Board Member, Public Member, NM
Zong Lan Xu, Board Member, Professional Member, FL
Betsy Smith, NCCAOM State Rep
Ronda Bryan, Executive Director, FL
Della Estrada, Chair of Arizona Board
Frank Ervolino, Professional Member, FL
OTHERS PRESENT:
Some guy named David eating food and drinking tea.
Marilyn Allen, CO Acupuncture Today
Mike Schroeder, Esq., VP and General Counsel of Acupuncture Advisory Council
Daisey Barquist, NCCAOM Board Member
OFFICIAL WELCOME AND INTORDUCTIONS
President Paton called the meeting to order and welcomed members.
REVIEW OF LAST MEETING MINUTES:
APPROVAL OF MINUTES: Ms. Ortiz MOVED to table the minutes, which was SECONDED by Ms. Heisler.
Motion PASSED.
OLD BUSINESS:
REPORTS FROM:
Treasurer: Ms. Heisler presented the budget for review. Ms. Heisler reviewed expenditures and
revenue and called for questions. Mr. Gonzalez asked about the status of Arizona's dues. Ms.
Heisler indicated dues are collected from June to July of each year. Arizona has paid for 2005 but
owes for 2006.
Secretary: Ms. Ortiz MOVED to table the minutes until May 5, 2006 so members can read the minutes.
Penny Heisler SECONDED the motion, which PASSED unanimously.
President: FAOMRA's recognition is increasing nationally. The other national organizations are
looking to FAOMRA to assist in moving towards a national standard, to develop expertise in state
laws and as a source for disciplinary issues.
Mr. Paton suggested that the Board stagger elections. A. Hansen indicated that she supports
President Paton and hopes he stays on as president and MOVED to put elections and amendment of
bylaws on the agenda for May 5, 2006. The motion was SECONDED by Ms. Heisler. Motion PASSED.
NOMINATION & ELECTIONS FOR BOARD MEMBERS:
A.Hansen MOVED to open up nominations for elections. Mr. Gonzales SECONDED the motion, which PASSED
unanimously.
President: Anna Hansen nominated David Paton as President. David Paton accepted the
nomination.
Vice President: Penny Heisler nominated Pete Gonzalez as Vice President. Pete Gonzalez
accepted
Treasurer: Anna Hansen nominated Penny Heisler as Treasurer. Penny Heisler accepted the
nomination.
Secretary: Long Zang Yu nominated Ronda Bryan as Secretary. Ronda accepted the nomination
Professional Board Member: Ronda Bryan nominated Long Zang Yu. Long Zang Yu declined the
nomination. Rhonda nominated Frank Ervolino.
Public Member: Rosemarie Ortiz nominated Anna Hansen as Public Member. Ms. Hansen accepted the
nomination.
Adm. Board Member: Anna Hansen nominated Rosemarie Ortiz as Administrator Director. Ms. Ortiz
accepted the nomination.
Staggering of Officer Terms:
The President term will be 1 year.
The VP term will be 2 years.
The Treasurer's term will be 1 year.
The Secretary's will be 1 year.
Staggering of terms will occur for this election only to get the staggered terms in cycle.
STATE OF THE STATES
ARIZONA: The Board has a new chair, Della Estrada. AZ is currently receiving licensure applications
from Florida and some from New Mexico that do not meet standards. There is no provision for
licensure for senior practitioners. There are about 50+ auricular detoxification specialists in
Arizona. The auricular detoxification specialists (ADS) are now seeking to expand their scope to
include the treatment of stress (natural disasters: Katrina and 9/11 trauma). ADS are very active
in Arizona and are used as a model for other states. There are 405 active licensees. Most
disciplinary issues deal with advertising. There are only 4 active complaints. The board is
preparing for Sunset in 2008.
FLORIDA: Ronda Bryan and Long Zang Yu reported on Florida licensing matters. Long Zang Yu reported
that Auricular Detox is only allowed by licensed acupuncturists in Florida. There are many other
areas of the body that can be affected when dealing with substance abuse and Ms. Yu believes full
training is necessary to properly treat patients. There are 1550 active practitioners in Florida.
Florida requires 2700 hours of supervised instruction in addition there is a 20 hour requirement of
rules and law, 15 hours of universal precautions and 3 hours of HIV required for licensure. There
is discussion about authorization of the use of Doctor of Oriental Medicine (DOM) or Acupuncture
Physician (AP). The Florida Board is being challenged by a certain acupuncture group on the premise
that there is no statute authority to use DOM or AP. There are a great number of licensees that
believe that the American Medical Association has driven the title issue. The continuing education
moratorium has expired and 30 hours of continuing education is required biannually. Disciplinary
issues include boundary violations, unlicensed practice Ð laser acupuncture and ear stapling.
MARYLAND: Penny Heisler reported on Maryland licensing matters: A licensee drafted legislation to
incorporate the ability to treat of stress and/or trauma with out the Board's consent. The Board did
not support this legislation and the bill died. Disciplinary issues include boundary violations and
fraudulent billing. DHMH is pushing for consolidation of like sections.
Anna Hansen MOVED to adjourn for lunch. Mr. Gonzalez SECONDED the motion, which PASSED. Members
will return at 1:30.
NEW MEXICO: Anna Hansen and Rosemarie Ortiz reported on New Mexico licensing matters. There is
discussion regarding Chiropractors practicing acupuncture and using the term Òacupuncture.Ó The
Boards have been directed by the Governor's office to resolve this matter outside of court. Rx
programs are evolving and competencies and skills have been developed to clarify expectations.
Disciplinary issues mainly revolve around advertising violations.
Mike Schroder, Acupuncture Today, Lead Counsel, discussed Injection Therapy issues. Most deal with
the issue of what training one needs in order to do injection as a practitioner but do not deal with
training a student should have to perform injection in school. There is no regulation describing
what training a student needs to have in a current AOM program. There is concern how injection
therapy is going to be handled. Schools are offering injection programs with out scope of practice
authority.
They continue to see cases of herb issues, especially the storage of herbs. There have been 3 death
cases, 2 in Belgium and 1 in New York. There have been no new cases but the issue of storing herbs
is something that may need to be addressed through regulation.
Other problems that have been reported are burns from heat lamps, cupping, and moxabustion. The
largest claim involved a woman's clothing being set on fire from neck to back of knee. There are
also problems with practitioners forgetting about their patients and closing shop with patients
still on the table. At least 3 to 5 claims per month deal with practitioners actually forgetting
their patients in the room.
There have been claims that acupuncture needles have broken off but these cases have not won since
needles are sturdy and usually do not break. There have been laser acupuncture cases dealing with
facelifts and the practitioner did not have proper training and hit a nerve and the practitioner
lost their license in CA.
HIPPA has kicked in the 4th piece of regulation and has a deadline May 23, 2007. Every medical
provider will have to apply for a 10-digit ID number from the office of the enumerator (National
Unique ID Number).
CALIFORNIA: Janelle Wedge is acting director and is awaiting the full board appointments (3
professional members and 4 public members. Practitioners in 2006 are now required to use single use
disposable needles.
NCCAOM: Betsy Smith reported on the current standings of NCCAOM. The new computerized exam will be
administered starting in June 19 Ð July 1. Exams will be scored quickly and results will be
distributed faster. An anonymous email was received indicating a breech of the exam questions and
prompted the cancellation of the exam and the move to computerized exams.
Regulatory Committee has been revamped and ethics, patient confidentiality, fraud have been
addressed in the new code. David Canzone is the newest member to this committee.
The Board is trying to work on an exchange of information with FAOMRA. Issue of negligence is a
real problem.
Ms. Smith reviewed the Code of Ethics, Grounds for Professional Discipline and Procedures for
upholding Professional Conduct. Various graphs depicting types of discipline and the number of
discipline cases heard by the Regulatory Committee were provided. Maps of the US depicting
licensure status was distributed as well.
Ms. Ortiz suggested the possibility of accessing exam scores via the internet. NCCAOM could send a
user ID and password for state regulators to access exam scores. Anna Hansen suggested sending the
Ethics policy to diplomates just to remind them of the code of ethics.
The NCCAOM has also provided a resource for disclaimer forms for new practitioners on its website.
Mr. Gonzalez MOVED to adjourn until May 5, 2006 at 8:30am. Ms. Hansen SECONDED the motion, which
passed.