Call to Order/Roll Call
David Paton, President, called the meeting to order and welcomed members.
Board Members Present:
David Paton, President, Professional Member (MD - Board Member)
Pete Gonzalez, Vice President (AZ - Executive Director)
Penny Heisler, Treasurer/PR Chair (MD - Executive Director)
Ronda Bryan, Secretary (FL - Program Operations Administrator)
Anna Hansen, Board Member (NM - Public Member)
Frank Ervolino, Professional Member (FL - Board Member)
Board Members Absent:
Rosemarie Ortiz, Administrator (NM - Executive Director)
Official Welcome And Intorductions
Mr. Gonzalez introduced himself and welcomed everyone to sunny Arizona.
Review Of Meeting Minutes:
May 4-5, 2006, Fall Meeting Minutes
Action Taken: After discussion, Ms. Hansen moved to approve the
minutes with corrections. The motion was seconded by Mr. Gonzalez
and passed unanimously.
Old Business
Reports
Treasurer - Penny Heisler
Ms. Heisler an overview and update on the Federations expenditures. (Attachment 1)
Secretary - Ronda L. Bryan
Ms. Bryan stated that an e-mail distribution list of all acupuncture
regulatory agencies was created to assist the Federation with
disseminating information.
Ms. Bryan provided an overview of the results from the Federations
survey that was sent to all state regulatory agencies requesting data
relating to the practice acupuncture. The survey requested information
on the number of active and inactive licensees, number of disciplinary
cases, top five disciplinary violations and type of regulating body.
There were 11(eleven) state regulatory agencies that responded to the
survey. (Attachment 2)
At the May 2006 meeting, the Federation expressed an interest in
creating a database to store disciplinary and/or other actions taken
against licensees. Ms. Bryan provided information on the National
Practitioner Data Bank, Healthcare Integrity and Protection Data Bank
(NPDB-HIPDB) whom Florida is required to report their actions to.
(Attachment 3) For additional information, please visit NPDB-HIPBD
website at
www.npdb-hipdb.com.
The Federation has a link on their website to all state regulatory
agencies laws and rules but some states rule link does not go directly
to the appropriate rule number. There was discussion rather these
agencies are able to make the link more user friendlier.
President - David Paton
Mr. Paton read an opening letter to the members and noted the areas
where we may and must contribute as follows:
- The Doctoral Task Force is poised to reconvene and move
forward with an agenda of developing a first-professional
entry-level Doctorate curriculum.
- The recent attempt to introduce bills at the Federal
level which propose the development of an AMA guided
committee or group to oversee scope of practices and
attempt to standardize them.
- The development of an interdisciplinary data bank.
- Professional portability.
- True Licensure by Endorsement.
Mr. Paton also suggested that FAOMRA can contribute in each
of these arenas and more that have not been mentioned as follows:
Doctoral Task Force
- Be present in the development of the educational standards
- Advise as the ramifications in each state and what regulatory
assistance will be needed to facilitate the likely migration to a
Doctorate
- Take action nationally and in each state to inform boards of
changes and take this opportunity to create a more uniform,
seamless regulatory process
- Ultimately to make it happen both legislatively and in
regulations
Federal Legislative Efforts Which may Impact Regulators
- AMA 818-5688
- The TM Congress, efforts to regulate herbal medicine
practitioners and efforts to regulate herbal products
Licensure by Endorsement
- Interstate conversations around creating regulations and
cleaning up old legislation to reflect current trends and
professional movements
- Take action to allow movement of first professionals from
state to state
Interdisciplinary Date Bank
- Develop a common reporting mechanism
- Promote and encourage, solicit if you will, individual State
participation
- Seek to merge data with existing professional boards and
utilize their resources and data banks rather than create our
own
Mr. Paton further stated that the Federation is tasked with
tending to public safety and the legal issues and it is imperative
that the Federation step up on our charge and create a vision
bigger then our individual states. The Federation is a young
organization and has been taking small steps and now is the time to
take bigger steps which will take dedication, work and commitment
which will contribute to the development of the acupuncture and
oriental medicine profession. (Attachment 4)
Mr. Paton thanked Ms. Bryan for the work she has done for the
Federation over the past six months.
Marketing Plan - Frank Ervolino
Mr. Ervolino provided a copy and over of his proposed marketing
plan. The plan included use of promotional items to illicit
new membership, change to by-laws, develop a new member education
booklet and develop Annual Meeting Committee to develop an
Educational Program. (Attachment 5)
The members requested Mr. Ervolino to e-mail a draft copy of
the logo, promotional item(s), supply amount and cost for final
approval.
Update on FAOMRA website - Anna Hansen
Ms. Hansen suggested that a picture on the Federation members
be posted on the website to help visitor recognize the members
at common meetings. The consensus of the members was to post
a picture and name to identify the members on the website.
Ms. Hansen requested the members to review the information
she printed from the Federations website and provide her with
any corrections. Ms. Hansen suggested that the members assist
her in keeping the information on the website updated and
accurate. Each member was responsibly for review and providing
feedback to Ms. Hansen before the final adjournment of the last
meeting day. Mr. Paton requested the members to please respond
to Ms. Hansen's e-mail request within 24 hours of receipt.
Ms. Hansen noted that she is working on a new letterhead and
will include the name, states and states that participate.
State of the States
South Carolina
Martin Herbkersman is the Vice President for the American Association
of Oriental Medicine (AAOM). The South Caroline acupuncture
profession is an advisory committee under the Board of Medicine.
They research and make recommendations regarding the regulation of
acupuncture. Mr. Herbkersman indicated that South Caroline is pushing
to allow acupoint injection therapy and is aware of Florida
implementing a minimum 60 hour course of training to be completed
before practicing acupuncture injection therapy.
The next challenge is the transition to the doctorate degree and
use of designed titles. An example would be someone with a master
degree who has just as much education and continuing education as
someone with a doctorate degree.
Currently New Mexico, Nevada and Rhode Island use the Doctor of
Oriental Medicine designation. South Caroline is considering pursuing
legislative language to support the Doctor of Oriental Medicine
designation. Mr. Payton requested Mr. Herbkersman to attend future
meetings to share their experience and use FAOMRA as a forum.
Arizona
Mr. Gonzalez indicated that they are experience a growth in licensees.
Applicants applying for licensure from Florida who are senior licensees
are having a difficult time getting a license. The rules currently
require a higher number of educational hours than when these
practitioners originally got licensed. These practitioners have been
practicing for 15 to 20 years. The Board is allowing these applicants
to take additional educational hours because they do not have the
statutory authority to waive the required hours.
The Board will be submitting legislative language to address the
educational hours and the retention of patient records.
Arizona currently has 544 licensed acupuncture practitioners
and has received 97 applications. A large number of applicants
are coming from California. The Board will be going through a sun
set review in 2007.
Della Stella has observed that a majority of practitioner's do
not understand role and responsibilities of the Board. Ms. Bryan
offered to provide a copy of the Florida Board of Acupuncture, New
Board Member Orientation Manual to assist with educating everyone.
Mr. Paton suggested that the Federation create an educational manual
explaining the different roles of all organizations related to the
practice of acupuncture.
Florida
Mr. Ervolino noted that the Board was challenged by the Joint
Administrative Procedures Committee on two rules related to definitions
for lack of statutory authority. The Board repealed the two rules and
moved the information under the advertising disciplinary guidelines.
The Board sent a representative before the Board of Chiropractic
Medicine to request for sticker rules on advertising since they are
certified to do acupuncture but not licensed. The Chiropractic
Medicine Board responded by strengthen their disciplinary guidelines
for misrepresentation.
Mr. Ervolino serves as the Consumer Protection Liaison and will be
working with Board staff on creating educational materials for consumers.
Mr. Ervolino has done public speaking at acupuncture schools and
encouraged students to join an association that will assist them in
protecting their profession.
Website - Mr. Paton suggested that the Federation create
a welcome package and have it available on the website.
Maryland
Mr. Paton noted that they do not have any legislation coming up and
have had a lot less disciplinary actions. They are experience mall
massage business that offer acu presser and are largely Asia non-speaking
English men who are not licensed. The Maryland Chiropractic
Board oversees the Massage Board. The Chiropractic Board has been
pressing the Acupuncture Board to get involved because these business
men are hiring licensed acupuncturist to work for them and then they post
the acupuncturist license at their business. Some of the acupuncturists
caught on and asked for their license back. This is on the rise and is
resulting in more acupuncturists being investigated.
New Mexico
Ms. Hansen stated that the Southwest Acupuncture College built a brand
new school and currently has three campuses.
Ms. Hansen noted that New Mexico practitioners have the authority to
prescribe. The Board was working very hard on drafting rules to allow
different modules but was advised that they did not have statutory
authority. Over the past six months the Board has drafted compentecies
skills for the RXII program. The RXII program is a much larger scope
of practice. The RXII program was approved and is a really good
educational program. There are approximately 30 to 40 practitioners
who are RXII certified. There are approximately 700 licensed
practitioners.
Ms. Hansen indicated that they are working on improving their
licensure by endorsement rules. Ms. Hansen suggested that the
Federation come up with a statement regarding licensure by endorsement
and how to institute requirement. Mr. Paton stated that the Federation
currently has a statement available.
Ms. Hansen noted that their disciplinary committee is receiving complaint
letters claiming that practitioners with RX license are not qualified.
There are concerns that Individuals do not understand that the Board and
Associations do not operate under the same rules.
NCCAOM - National Certification Commission for Acupuncture and Oriental Medicine
Betsy Smith indicated that their disciplinary review committee publishes
disciplinary actions taken against practitioners on their website and
newsletter. The publications include the practitioners name, state taken
action and type of action (suspension, probation, revocation, etc.) Ms.
Smith asked the Federation how long other organizations maintain this
type of information on their website. Ms. Smith called the State of New
York and they said the information is maintained forever. The NCCAOM
currently list practitioners on their website who were suspended or
revoked for 5 years. Ms. Smith noted that the NCCAOM cross reference
disciplinary data on applicants because some applicants fail to
report actions when they apply. Their application asks very specific
questions about the applicant's history.
The NCCAOM moved the examinations to a computer base test. All
the examination test sites are equipment with video cameras so all
candidates are taped during the testing time. There has been a 94%
decrease in cheating. However, this year there was one incident
reported for cheating and it was caught on video. We have received
reports stating that examination questions are being published on
the web. We have a group of individuals who review and monitor the
web frequently to make sure that examination questions are not
being published. In the near future the NCCAOM will be offering
a practice test at a very low price to hopefully discourage
people from going to phony website. There has been a decrease
in disciplinary cases.
The NCCAOM sent a survey out to all regulatory agencies and I
want to encourage everyone to please respond.
The new candidate handbook is available on line and can be
downloaded. Applicants can complete and submit an application
on line and the capability to pay by credit card. The NCCAOM
are combining the Acupuncture and Biomedicine exam together.
Candidates will be required to pass a percentage of the
biomedicine questions in order to pass the exam. The
apprenticeship route will be eliminated and phased out in
2010. The new computer adapting test will allow candidates to
take an exam anytime or day instead of only three times a year.
Mr. Gonzalez commended Betsy and her staff on the electronic
report of examination scores.
Adjournment
Action Taken: A motion was made by Mr. Ervolino to adjourn
the meeting at 4:05. The motion was seconded by Ms. Hasen.
Call to Order/Roll Call
David Payton, President, called the meeting to order, welcomed the guest
and thanked them for participating.
Presentations
AAOM - American Association of Oriental Medicine
Martin Herbkersman, DAc, MTOM
Mr. Herbkersman stated that the AAOM are happy to have the Federation
at their annual conference and support what the Federation is doing.
Mr. Herbkersman provided a legislative update on the following states:
- South Carolina - Working on expanding the scope of practice
and regulation.
- Massachusetts - The AAOM was contacted by a member in
Massachusetts requesting assistance with a bill to get acupuncturists
included in a mandated insurance coverage. The bill went through
without including acupuncturists. There were some resistance from
individuals and organizations on the insurance being mandated. There
was some misunderstanding about the bill requirements. It did not
mean that they would be required to have insurance; it meant that
they would be able to file insurance claims for services.
- New Mexico - Received a letter from New Mexico's Association
regarding difficulties they were having with the Chiropractic Board
changing their scope of practice to 100 hours in acupuncture.
- Ohio - A bill was introduced to allow Chiropractors to have
300 hours of acupuncture training. Testimony was taken and given
testimony on behalf of the association.
- New Jersey - Temped to pass legislation to clarify their
license status. The AAOM wrote a letter objecting.
The National Education Dialog and Apex contacted AAOM with concerns
regarding enter level education to practice acupuncture. The AAOM sent
a letter to their members to present to their legislators of other
opinions on the appropriate enter level standards for acupuncture and
oriental medicine beside what is being presented from Chiropractors and
any other profession who would partial off acupuncture as a technique
and present it. However, it was perceived as being turf protected.
That was not the position we took, we took the position that there
needed to be a dialogue between those professions who have rights and
privileges with respect to this scope and a dialog of what is the appropriate
enter level standards. What happens is that a profession will appropriate
and throw in the lowest number of hours they can get away with. Our
call is for a high order.
CCAOM - Council of Colleges of Acupuncture and Oriental Medicine
The Council's Entry-Level Standards Committee (ELSC) was established in
May of 2003 and charged with soliciting proposals from the AOM community
for possible changes to entry-level standards. The Council reaffirmed its
support for the Master's degree level as the entry-level standard during
this process. Subsequently, the committee received 116 papers and issued
a report that appears on the Council's website at
www.ccaom.org/ELSCFinalReport.pdf.
The committee also surveyed allied health professions that had transitioned
to a doctoral degree, surveyed state departments of education concerning
their requirements for the offering of a possible entry-level doctoral
degree, developed a survey of off-site clinics in which the Council's
member colleges participate, and compiled a cost comparison relevant to
the transition from the Master's level to the Doctoral level by reference
to associated costs in the physical therapy profession. A report
concerning all the activities of the committee from 2003-2005 was presented
by former co-chair, Valerie Hobbs, at the Council's Chicago conference last
year.
With continuing discussion within the profession about the possibility of
a first-professional entry-level doctorate, the Council's new Strategic Plan
directs the ELSC to make a presentation at the Council's fall 2006 meeting
concerning transitional issues related to the doctorate. This panel presentation
will provide the CCAOM membership and other members of the AOM community with
an opportunity to have an in-depth discussion about doctoral issues. The panel
will utilize the expertise that its committee members have developed on
specific transitional issues, and will feature presentations by other experts
who have been involved in similar transitions in the naturopathic and physical
therapy fields. It is expected that the panel will address doctoral issues
concerning legislation, administration, libraries, faculty, finances, resources
for outreach, and challenges for current practitioners.
NCCAOM - National Certification Commission for Acupuncture and Oriental Medicine
Kory Ward-Cook, Ph.D., MT(ASCP), CAE
The NCCAOM is working on partnering with all professional organization and
are gaining momentum. Would like to encourage everyone to visit their website
and submit an event that they have planned for Acupuncture Day reserved for
October 24.
The NCCAOM 25th anniversary is in 2007 and they are looking for sponsorship
for the activities that are planned for the celebration. The media is involved
with delivering information and activities. There has been an increase in Media
coverage by 80%. The NCCAOM representatives are scheduled to be interviewed by
Good Morning Arizona. They are getting National recognition about the profession
and certification. The coverage is on safety through certified professionals.
The NCCAOM is looking to partner with other organization to assist with press
releases and promotion of the profession.
The NCCAOM has rolled out their computer base testing. The NCCAOM has contracted
with Pearson VUE to conduct their examination. The NCCAOM is pleased to announce
several new options for candidates. The first is year-round testing which will
begin February 15, 2007 for Acupuncture, Acupuncture combined with Point Location,
Biomedicine, Chinese Herbology and Foundations of Oriental Medicine. There are
no deadline dates for eligibility and once you are found eligible, you can schedule
your exams at your convenience! Registration will open December 20, 2006. As you
complete your examination, you will also be able to see your preliminary pass
or fail status right on the computer screen!
There are several benefits for candidates who choose to test in February.
To begin, you will notice that a combined Acupuncture and Point Location
examination will be given for the first time. The Acupuncture exam and the
Point Location exam will be combined into a single test. The combined test
will have 100 questions and you will be given 2.5 hours to complete the
exam. By taking the combined examination, you will save $90.00 as compared
to taking the examinations separately. Although this is a combined test,
you must pass both the acupuncture and the point location sections of the
examination. This ensures that your examination will meet the licensure
requirements of state regulatory boards.
ACAOM - Accreditation Commission for Acupuncture and Oriental Medicine
Dort S. Bigg, J.D., Executive Director
Mr. Bigg, thanked the Federation for inviting the ACAOM to the meeting.
Mr. Bigg noted that the ACAOM went through a review process with the US
Secretary of Education and will be recognized for the next five years
because they were in compliance with all the requirements. The Department
of Education approved ACAOM's request to expand their scope.
One of the most important components of the accreditation process is the
team site visit. The purpose of the site visit is to obtain in-depth
information concerning all administrative and educational aspects of the
program. The site visit evaluation is a peer-review process which helps to
enhance the quality of education.
The site visit permits a team of Commission-appointed peers to assess a
program's compliance with the ACAOM standards and the achievement of its own
stated goals and objectives. The site visit confirms and complements the
information contained in the comprehensive self-study document completed by
the institution, and issues a report of its findings to the program and the
Commission.
ACAOM seeks qualified individuals to serve as members of candidacy and
accreditation site visit teams. All institutions/programs are encouraged
to have representatives from their institutions/programs to serve as site
visitors. The Commission also encourages practitioners and qualified members
of the public to serve on site visit teams. There are several benefits
to becoming a site visitor such as being eligible to receive up to ten
NCCAOM Professional Development or Continuing Education Credits, Free
Subscriptions to ACAOM Newsletter, engaging in an activity that provides
professional development for educators, and Networking with leaders in the
field of Acupuncture and Oriental Medicine.
The Doctoral Education Commission will be holding their 3rd public
meeting on Doctoral Graduates. The Task Force dissolved but has been
recreated.
CCAOM - Council of Colleges of Acupuncture and Oriental Medicine
Kathryn Newmick, VP and Valerie Hops, Member of Standards Commission
The Council has been an active sponsor of and participant in Acupuncture
and Oriental Medicine Day since its initial commemoration on October 24,
2002 and this year will once again promote this day with other national AOM
organizations in the U.S. This day is also commemorated in other countries,
such as Canada, Mexico, and Pakistan. The Council welcomes collaborative
efforts with organizations in the United States and other countries to
promote AOM Day.
The Council's new Strategic Plan directs the national office to
create a refresher CNT course for continuing education credit. Once
developed, it is likely that the course will be offered online
(without a practical component) and take approximately four hours
to complete. The course will focus on risk management issues
involving OSHA and CDC requirements and needling incidents that
have actually occurred in clinical situations. The Council would
apply for recognition of the course by state acupuncture regulatory
boards and NCCAOM. In addition to providing acupuncture practitioners
with another CEU option, the course might benefit some HMOs that have
expressed an interest in having the Council provide a shorter version
of its regular CNT course as a possible pre-condition for initial or
continuing approval of a practitioner to work in a HMO setting. A
second initiative involving the CNT Program concerns the development
of an instructional video of professional quality that can be shown
during the regular CNT class as a supplement to the practical
portion of the course. The video would depict a standardized and
exceptionally high quality demonstration of CNT technique by one of
the Council's CNT instructors. A live demonstration of the same
technique would then occur after the class viewed the video. The use
of a video in CNT classes would reinforce the instructor's live
demonstration of CNT technique and physically optimize the opportunity
of students in the class to observe this technique. The Council
strongly endorses standardization in the area of proper clean needle
technique as being important in promoting public safety in the
practice of acupuncture.
AAC - American Acupuncture Council
There has been a 20% increase in heat lamp burns a year. The AAC wants
people to be aware and encourage someone to give thought to the idea
of requiring a positive lock on lamps. We are suing the manufacturing
companies on ever claim that is filed.
There are more and more questions regarding the modalities involved
in acupuncture and injection therapy. The trend of impropriate
touching is growing.
Mission, Purpose and Goals
It was the consensus of the members to create the following committees:
| Committee |
Responsibilities |
Member |
| Doctoral Task Force |
Attend meetings and provide input on issues that may
affect the practice of acupuncture. |
David Payton David Canzone |
| Marketing |
Create market campaigns to promote the Board. |
Frank Ervolino |
| Website |
Review and update Board's website on a frequent base. |
Anna Hansen |
| Budget |
Review the Board's budgetary standing and create/track
statistics that assist the Board in making policy decisions. |
Penny Heisler |
| Disaster Relief |
Provide assistance and guidance to state regulatory
agencies on emergency disaster relief legislation. |
Anna Hansen Penny Heisler Della |
The next meeting will be held via conference call on January 30,
2007 to further discuss the website, agenda, marketing, strategic
plan, pending list, letter, old minutes and post cards.
Next Meeting
May 10-11, 2007 - New Orleans, Convention Center
Adjournment
A motion was made by Ms. Hansen to adjourn the meeting at 4:25 p.m.
The motion was seconded by Mr. Ervolino and carried unanimously.
Click here for the Keystone Minutes