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MINUTES
APRIL 29 AND 30, 2004
LOS ANGLELES, CALIFORNIA

APRIL 29, 2004

Member in Attendance:

  • Tess Hahn (ID) Vice President
  • Penny Heisler (MD) Treasurer
  • Rosemarie Ortiz (NM) Secretary
  • David Paton
  • David Canzone
  • Anna C. Hansen
  • Stuart Watts
  • Deborah Malone
  • Marilyn Nielsen
  • Betsy Smith
  • Greg Gunter

Members Absent:

  • John Myerson
  • Ola Powers

Vice President Tess Hahn (ID) called the meeting to order at 9 am.

Introductions were made.

Voting Delegates were identified.

  • Tess Hahn (ID)
  • David Paton (MD)
  • Anna Hansen (NM)
  • Marilyn Nielsen (CA)
  • Greg Gunter (FL)
  • Deborah Malone (AZ)
  • Rosemarie Ortiz (NM)
  • Penny Heisler (MD)

TREASURER REPORT
Penny Heisler (MD) briefly reported on the budget and presented a matrix on the budget, which is attached.

SECRETARY REPORT
Rosemarie Ortiz (NM) briefly reported that notices are continuously being sent to solicit involvement form other states. Unfortunately, the response has been negligible.

VICE PRESIDENT REPORT
Tess Hahn reported that she has contacted several states to solicit membership.

MICHIGAN SUPPORT
FAOMRA members sent a letter to the Michigan legislature supporting a bill that would establish appropriate educational standards for acupuncture licensure in that state. The letter was written by David Paton (MD) with comments from David Canzone (NM), Glenn Wilcox (NM), and Stuart Watts (NM). The final letter was read for attending members. Stuart Watts (NM) cautioned that the letter may somewhat suggest FAOMRA is somewhat taking sides. Other members voiced that the letter did not support one group or another, but simply gave FAOMRA's support for basic educational standards that would ultimately protect the public.

David Paton (MD) indicated that he drafted the letter keeping in mind that FAOMRA was not taking a side per say but strongly wants to push for state licensure in states that do not have licensure.

In John Myerson's absence, Tess Hahn (ID) indicated that as Vice President, she will run the meeting until a new President is elected later on in the day.

STATE ISSUES

FLORIDA: Greg Gunter indicated that Florida has 700+ licensees and that the pressing issues right now are in litigation concerning Continuing Education (CE). There is a question whether the Board has the authority to approve (CE) courses. As a result, CEUS requirements have been temporarily suspended. Mr. Gunter stated that the Florida Board has very supportive staff who is currently working on legislation to gain control over the continuing education problem.

Ms. Heisler stated that MD has had CE's since inception of the Board and requires 40 hours of acupuncture training be earned within a 2 year renewal cycle. Fifteen hours can be obtained outside the scope of acupuncture to enhance one's acupuncture practice such as computer training, CPR, teaching, etc.

NCCAOM’S REPORT TO FAOMRA
Tess Hahn (ID) asked Betsy Smith (NCCAOM) whether there is a mechanism for foreign school review by the NCCAOM. Ms. Smith indicated the NCCAOM utilizes the services American Association of Collegiate Registrars and Admissions Officers (AACRAO) which is an organization that reviews foreign education credentials.

Ms. Smith indicated that a link to each state has been set up on the NCCAOM website, so the public can research on individual professional state licensure boards. Ms. Smith also stated that the report of discipline from each state has been exceptional and thanked the states for reporting such violations.

Tess Hahn (ID) asked Ms. Smith if there is a move towards allowing others (i.e. chiropractic, naturopaths) if they past the NCCAOM tests to achieve candidacy? Ms. Smith stated that specific requirements must be met and was referred to Deborah on this subject.

Penny Heisler (MD) asked about the status on creating a module test for 5 Element graduates. Ms Smith commented that the 5 element idea has not been dropped, but has been temporarily sidetracked. Plans for the 5 element test should resume when the new CEO is in place.

CALIFORNIA
Marilyn Nielson (CA) reported that CA has been going through many changes over the past couple of years. There has been a change in administration. The proposal to increase educational hours was brought to a halt. The Board has been battling on the level of standards. There was a 2003 legislative bill that proposed increasing the required educational hours from 3000 to 4000. This has been a very turbulent time for California.

Two studies by the Little Hoover Commission we conducted over the level of education and scope of practice. The current scope of practice has remained the same for 30 years, and legal opinion has not been updated since the Board's inception. There are questions concerning the adeptness of the National exam in comparison to the state exam. The exam is now being evaluated. The Board is not in agreement with requiring the national exam.

Licensure by endorsement is not being supported right now as other state standards are not similar to CA, and scopes greatly vary. A report is due September 1, 2004. Two surveys were recently completed seeking knowledge on the use of assistants by L.Acs. There are 7,600 active licensees practicing in CA and approximately 2,000 licensees practice out of state or are inactive.

The Board would like a 4,000 hour entry level doctorate and will continue to push this recommendation.

CA is dealing with acupuncture practices being used as facades for prostitution. Other complaints include ethical issues, sexual misconduct, practice management, misleading advertising, mistreatment of patients and misdiagnosis.

Currently, 32 educational programs in CA have been approved, 15 of which are outside of CA.

The Little Hoover Commission was assigned to evaluate CA policies and standards in response to a national chorus of disagreement, especially over a bill that proposed to increase hours to 4000. Effective January 1, 2005, 3000 hours will become effective. Currently there is a 2530 hour requirement in CA.

There are no CPT codes for Oriental Medicine. Currently, massage and physical therapy codes are used.

VIRGINIA
Tess Hahn (ID) welcomed Floyd Herdrich (VA). Floyd Herdrich (VA) briefly reported to FAOMRA on the current actions of Virginia licensure. Currently, acupuncture regulation is housed under the Medical Board and is represented as a Committee. Herbs are not regulated in VA and the Committee does not believe at this time that it should be regulated. VA does not believe in reciprocity as licensure standards are too varied among the states. VA utilizes auricular detoxification assistants and complaints against these technicians have been almost non-existent. Chiropractors are allowed to perform acupuncture by earning only 300 hours and are also housed under the Medical Board. At this time, Naturopaths are not regulated in VA.

ARIZONA
There are 300 licensees in AZ. The Board's Executive Director, Jean Wise, has been ill and the Board has been unable to fill the position. Homeopaths have the ability to provide acupuncture in AZ. There is a statute that allows apprenticeship as a pathway to licensure. Herbs are not addressed in statute and the legislature does not want to regulate herbs at this time.

NEW MEXCIO, MARYLAND, IDAHO will report Friday afternoon.

Penny Heisler (MD), Treasurer, reported that the rooms for Ms. Ortiz, Dr. Canzone and Ms. Hahn are being paid for by FAOMRA, in accordance with a vote in May 2003 to cover room costs for presenters and Directors.

Ms. Heisler also indicated that she would like to send something to the Alliance for their continued support. Directors and delegates were in support of Ms. Heisler's proposal.

WEBSITE REPORT
Anna Hansen (NM) reported on the status of the website. She indicated that FAOMRA has paid her a total of $2,000 to get the site up and running. Ms. Hansen would like to update the website and hire studio x to upload the site for a fee of $20. A letter dated March 30th from studio x, outlining a proposal, was distributed. Rosemarie Ortiz (NM) will provide Anna Hansen (NM) and Greg Gunter (FL) with a copy of the PowerPoint presentation, which provides some data needed for the website. studio x will prepare a flowchart indicating FAOMRA's needs. A site hit counter should be on the site. Ms. Heisler will send Ms. Hansen the initial application and the renewal application to be online via PDF.

Tess Hahn (ID) asked Greg Gunter (FL) to work on Frequently Asked Questions. Once complied, these questions will be sent to David Paton (MD) and David Canzone (NM) for final review. Upon completion, it will be sent to Ms. Hansen for inclusion on the current website. David Canzone (NM) will forward the early images originally on FAOMRA's website. Marilyn Nielson (CA) and David Canzone (NM) will send what they have of the original site to Anna Hansen (NM). FAOMRA thanked Anna Hansen (NM) for taking on this endeavor.

REPORT FROM DAVID CANZONE (NM) AND DAVID PATON (MD) ON THE ACAOM TASK FORCE
As announced previously, ACAOM has embarked on a process to determine the level of support within the profession for the development of a first-professional doctorate degree. In the spirit of supporting an ongoing deliberative process, ACAOM recently convened a Doctoral Task Force comprised of representatives of all the profession's key stakeholders including educators, practitioners, and regulators. The Task Force had its first meeting in Las Vegas, Nevada in March of 2004. David Paton and David Canzone are FAOMRA's representatives on the Task Force.

The following vision statement and guiding principles were formally adopted by the Doctoral Task Force and have been subsequently endorsed by the Commission. The statement and principles will help to shape the course of the future discussions as the Task Force works to analyze the implications for the AOM profession of a potential transition from Master's to doctoral education as the first professional degree for the profession.

It appears now that ACAOM will seek a change in its scope regarding its recognition by the US Department of Education from accrediting Master's Degree and Master's level diploma programs in AOM to accrediting the AOM curriculum and allowing programs to seek state authorization to grant either Master's or Doctoral degrees based on that program of study.

FAOMRA has two representatives on this task force. ACAOM would like this information disseminated to all relevant parties for support and/or comment.

Marilyn Nielson (CA) asked when the results of this Task Force will be made public. David Canzone (NM) directed her to ask Dort Bigg when ACAOM reports to FAOMRA on Friday, April 30, 2004.

NATIONAL ORIENTAL MEDICINE ACCREDITATION AGENCY

Dr. Derrick Kendall presented a brief report regarding NOMAA. The National Oriental Medicine Accreditation Agency is based in California and is a non-profit public benefit organization. NOMAA has been granted 501 (c)(3) tax-exempt status by the IRS. The agency provides national standards for a professional entry-level Doctor of Oriental Medicine (OMD) degree. The educational program consists of a 4,000 hour program and includes 2,500 didactic hours and 1,500 clinical externship training.

The history of an OMD degree was first developed in the U.S. by the state of Nevada in the early to mid 1970's. The criterion used to develop this program was based on established integrated OM and Western programs in South Korea. Schools in California and other states also offered OMD programs. The original plan was to continually increase OMD standards over time to ensure programs kept abreast of public needs and safety. Accreditation was sought for an academic master's degree and schools were required to eliminate their OMD programs and plans.

Reasons behind the creation of another accrediting agency included the continued need for improvement in training standards. Surveys showed that more than half of the OM graduates felt unprepared to enter practice, and the existing accrediting body and their council of colleges have bitterly fought any improvement in educational standards.

The Agency's goals are to produce high quality doctoral standards so that graduates can practice independently at a primary care level. The program curriculum summary is as follows:

  • Biomedical Sciences 500 hrs
  • OM Sciences 950 hrs
  • Herbal Medicine 450 hrs
  • Clinical Medicine 600 hrs
  • Clinical Clerkship 1500 hrs
  • Clinical Observation 160 hrs
  • Supervised Practice 1 300 hrs
  • Supervised Practice 2 300 hrs
  • Monitored Practice 680 hrs
  • Electives 60 hrs

The curriculum development has been derived from the process of review over the years by professional organizations, mainly in California and includes an analysis of Chinese and Korean programs, which are considered the standard. The California task force recommended possible increased educational hours and participants were from various backgrounds.

Dr. Kendall recommended that states refer to (attached) handout for more information or visit www.nomaa.org. State representatives thanked Dr. Kendall for his time.

ORGANIZATIONAL MATTERS OF FAOMRA - Bylaws

FAOMRA members discussed the need to meet on a bi-annual basis and voted to continue meeting twice a year to sustain the level of work that FAOMRA has accomplished to date.

The bylaws changes were discussed. Members discussed the issue of allowing honorary members to serve on the Board of Directors. Penny Heisler (MD) MOVED to change the language in Article VVII. Section 1 Subsection B to read "B. Qualifications. Directors shall be members of Member Agencies or on the Administrative Staff of Members Agencies, or may be an honorary member. There may be no more than two honorary members on the Board of Directors at any one time with only one serving as an officer." Anna Hansen (NM) SECONDED the motion, which PASSED unanimously.

The issue of allowing honorary members a vote was discussed. Anna Hansen (NM) MOVED to change Article VIII Meetings of the Delegate Assembly Section 3 Voting "unless they are currently serving on the Board of Directors." Anna Hansen SECONDED the motion. Stuart Watts (NM) said that these changes will appear that the organization is exclusive. Ms. Nielsen stated that she disagreed as only 2 members can be officers. Ms. Heisler stated that she proposed the change in bylaws because honorary members do not sit on Boards and may have more time to devote to FAOMRA. Delegates voted to allow only two honorary members to be officers of the seven Board of Directors at any given time. The motion passed unanimously.

POLITICAL POLICY OF FAOMRA & OFFICIAL RESPONSES
Mr. Paton commented that he would like to avoid delays in FAOMRA's responses to local and national issues. He asked officers to understand the demands of serving on FAOMRA and to volunteer for these positions only if they have to the time to serve.

ELECTION OF OFFICERS
Anna Hansen (NM) MOVED to nominate David Canzone (NM) as president. Penny Heisler (MD) SECONDED the nomination. David Canzone (NM) accepted the nomination. Deborah Malone nominated David Paton (MD) as president. Greg Gunter (FL) SECONDED the nomination. David Paton (MD) accepted the nomination. David Canzone (NM) withdrew his acceptance. All voting members voted in favor of David Paton (MD) as president.

David Paton (MD) nominated Tess Hahn (ID) as vice president. Tess Hahn (ID) accepted nominations. Anna Hansen (NM) SECONDED the motion, which PASSED.

Rosemarie Ortiz (NM) MOVED to nominate Penny Heisler as Treasurer. Penny Heisler (MD) accepted the nominations. David Paton SECONDED the motion. Motion PASSED.

Marilyn Nielson (CA) nominated Rosemarie Ortiz (NM) for Secretary. Rosemarie Ortiz (NM) accepted the nomination. Greg Gunter SECONDED the motion, which PASSED.

Anna Hansen (NM) nominated David Canzone (NM) as professional member. Penny Heisler (MD) SECONDED the motion, which PASSED.

Greg Gunter (FL) nominated Anna Hansen (NM) as public member. Anna Hansen (NM) accepted the nomination. Deborah Malone (AZ) SECONDED the motion, which PASSED.

Anna Hansen (NM) nominated Marilyn Nelson (CA) as administrative director. Marilyn Neilson (CA) accepted the nomination. Deborah Malone (AZ) SECONDED the motion, which PASSED.

MINUTES
APRIL 29 AND 30, 2004
LOS ANGLELES, CALIFORNIA

APRIL 30, 2005

Vice President Tess Hahn (ID) called the meeting to order at 9 am.

ACAOM:
Dort Bigg, Executive Director, reported on the current activities of the ACAOM. Penelope Ward will be leaving ACAOM and the Commission will be acknowledging her contributions at the AAOM dinner.

Mr. Bigg advised the Board of ACAOM's new site visit report template document which was designed to improve consistency in site visit report content. Since the template was put into effect, the qualities of reports have improved tremendously.

The ACAM is constantly looking for feedback and ways to improve their services. Mr. Bigg asked for ideas or ways to be more responsive to regulators, which will be beneficial to ACAOM.

FAOMRA members expressed concern over the closure of a school that was recently accredited and the manner in which curriculum is being focused on rather than the infrastructure of schools. Mr. Bigg stated that the ACAOM is a Title 4 gate keeper, and must review the entire institution, not just its curriculum. It was reported that ACAOM was aware of the problems with the program in question and ACAOM had placed the program on probation, and following this the school closed. ACAOM worked closely with both state regulators and the USDE, as is protocol, to ensure that the program's students could complete their education without major disruptions.

As an integral part of the Task Force's recommendations relative to implementing the vision statement, the Task Force is recommending that ACAOM seek a change of scope in its recognition by the US Department of Education from accrediting Master's Degree and Master's level diploma programs in AOM to accrediting the AOM curriculum and allowing programs to seek state authorization to grant either Master's or Doctoral degrees based on that program of study. This request is currently under review by the Commission.

The task force statement is as follows:

  • We undertake to help facilitate this process should it occur according to the following six principles.
    1. Above all else, we will endeavor to do no harm.
    2. We will endeavor to bring all communities of interest and voices in the AOM community into this process and through it together without eliminating or excluding anyone.
    3. We will respect all voices in the field and all traditions in the field.
    4. We will provide clear communication about our discussions and the processes we propose to the entire community throughout our discussions.
    5. We recognize that our current curriculum leading to the professional degree in AOM and the competencies that they represent support a valid First Professional Degree at both the current masters and the proposed doctoral degree level.
    6. We recognize that content of curricula will continue to evolve, as it always has, based upon the need to support new professional roles which emerge for practitioners of AOM.

Anna Hansen (NM) asked whether FAOMRA is linked to the ACAOM website. Mr. Bigg indicated that they would be happy to link websites and that Billy Langston is the ACAOM contact person.

Marilyn Nielson asked at what point ACAOM will open this discussion to the public as much of the information is still confidential. Mr. Bigg advised the Board that the work of the Task Force would be published on their website and indicated that public commentary is welcome. Mr. Bigg focused on the fact that the work of the Task Force is to be a fully transparent process.

AOM ALLIANCE

Floyd Herdrich (VA), President, reported to FAOMRA the current activities of the AOM Alliance. Mr. Herdrich furnished members with a handout (see attached).

AAOM

Gene Bruno, President, AAOM, indicated that AAOM works on international, national and local levels. One issue that the AAOM is trying to resolve is the controversial issue concerning CPT codes. He stressed that the AMA owns CPT codes and that changing current policy will be a lengthy process.

AAOM is also dealing with issues concerning Efedra. The AAOM met with FDA and its top legal officials. The FDA is the agency that writes the rules on Efedra. Details of these meetings are confidential right now. Discussions between the 2 agencies involve limitation, importation and transportation of, and access to this herb.

Dave Maloney reported that the AAOM is working with the Federal Government to establish a Commission on Chinese Herbal Medicine. He was fairly confident that the commission will move forward. The AAOM is also seeking regulatory status with the FDA.

Dr. Bruno stated that the AAOM will assist NM with the RX movement in NM.

CCAOM

State regulators have direct impact on CCAOM and would like to keep in close contact with FAOMRA and would like to keep the channels of communication open.

NCCAOM

Deborah Persinger is the new acting CEO.

Dr. Persinger personally thanked FAOMRA and Penny Heisler for their support and thoughts during Christina Herlihy, Ph.D., (NCCAOM) illness. Dr. Persinger stated that FAOMRA should be proud in their representation by Penny Heisler and asked that the minutes reflect her position.

Dr. Persinger stated that the profession came together and was very supportive during the last few months of Dr. Herlihy's life. Dr Herlihy was very thankful for the support and concern that was expressed to her by the entire profession. She wanted to offer many thanks to FAOMRA.

Betsy Smith will send a report for inclusion into the minutes.

Idaho:

Maryland

New Mexico: Anna Hansen (NM) reported that NM has an expanded scope of practice and the education necessary to provide such

Numerous committee meetings. Legislature gave a short list of RX authority. List is vague. Definitions are currently being defined. Natural Substance is currently being defined.

Auricular Detoxification rules have been drafted to address this license type.

Licensure by Endorsement is being pursued in NM. The Board is holding a rule hearing now in July or August. Rosemarie Ortiz (NM) will send all members a draft copy of the proposed rule for review consideration before their boards.

ISSUES FOR NEXT AGENDA

  • 1 or 2 day meeting - limit to one day restricts various discussions, reports from national orgs is exceedingly useful. Possibility to have teleconferencing for the round table discussion.
  • Ability to respond to issues in a timely manner.
  • Membership
  • State Issues
  • Website
  • Task Force
  • New Goals
  • Teleconference Meetings - David Canzone will research this issue.
  • Officer Reports
  • Disciplinary Issues
  • Education about national issues that affect state laws.

 

 
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