urgent action needed (sb 233)

[Guest guest]

This is extremely important! It would seem that there has been an

amendment to a bill that would sunset the Acupuncture Board (reasons

unknown), and would then seemingly limit our ability to diagnose

illness (ie. potentially end insurance billing without an MD's

approval). Much can still be done. Copy this and give to everyone you

know, patients too. We may have no lobby, but we can certainly write

letters (sample letter after alert, faxing them is best, as the hour

is late).

Regards, Tym

 

AIMS ACTION ALERT!

 

Oppose Senate Bill 233!

 

Action is needed even if you have previously sent a message to your

legislators! This bill has recently been amended.

 

Senator Liz Figueroa (District 10 -- Fremont) has authored a bill that

will eliminate the California Acupuncture Board and transfer its

responsibilities to a bureau within the Department of Consumer Affairs.

 

On May 3, 2005, Senator Figueroa amended this bill in a fashion that

might severely limit the ability of acupuncturists to assess, treat,

and communicate with patients; it may even curtail the ability to seek

insurance reimbursement without a referring diagnosis from another

health care provider.

 

AIMS is still assessing the legal implications of this bill. For

technical legal reasons, the exact consequences of this bill are not

entirely clear. But make no mistake, this is a SERIOUS ISSUE that

requires IMMEDIATE ACTION from practitioners and from consumers.

 

Depending upon legal interpretation, this bill might prohibit Licensed

Acupuncturists from:

 

* Establishing " by any method, device, or procedure whatsoever " if

a patient " is suffering from any physical or mental disorder " ;

* Using " mechanical devices or machines " for diagnostic purposes,

including blood pressure monitoring equipment;

* Communicating " any conclusion regarding (a patient's) physical

or mental condition. "

 

This bill will:

 

* Downgrade the Acupuncture Board to a bureau with the Department

of Consumer Affairs (DCA); and

* Place ultimate regulatory decision-making authority in the hands

of a single political appointee rather than a diverse group of

stakeholders.

 

If this bill passes and if the most restrictive legal opinion

prevails, this bill would severely restrict the ability of Licensed

Acupuncturists to practice and would constitute a giant step backwards

for the status of the profession.

 

Resources

 

To review the document upon which this bill is based, see the final

recommendations of the Joint Committee on Boards, Commission, and

Consumer Protection.

 

 

Speak Out Now!

 

SB 233 will be heard in the Senate Appropriations Committee May 16,

2005. This committee is chaired by Senator Carole Migden (San

Francisco--East side; Marin County).

 

Urge Senator Midgen and your Senator and Assemblymember to oppose the

May 3rd amendment and to oppose the elimination of the Acupuncture

Board unless it is immediately " sunrisen. " The legislature has many

options short of eliminating the Board, which should be fully explored

before this drastic step is taken.

 

Remember...

 

* To have maximum impact, rephrase the message in your own words,

especially the first paragraph.

* If you are a Licensed Acupuncturist or a patient in California,

mention this.

 

Due to the importance of this particular issue, AIMS urges you to

print a letter on your own letterhead and fax it to Senator Migden and

your state representatives.

 

Senator Migden's fax number is (916) 445-4722.

 

SAMPLE LETTER OPPOSING SB 233

 

 

[iNSERT DATE HERE]

Re: SB 233 (Figueroa) Acupuncture OPPOSE

 

 

The Honorable Carole Migden

Chair, Senate Appropriations Committee

State Capitol, Room 2206

Sacramento, CA 95814

 

Dear Senator Migden and Members of the Committee:

 

I am a Licensed Acupuncturists in the state of California, and I

strongly oppose Senator Liz Figueroa's SB 233.

 

The May 3rd amendment to the " diagnosis " definition portion of SB 233

appears to severely limit the ability of acupuncturists to assess,

treat, and communicate with our patients; it may even eliminate our

ability to seek insurance reimbursement without a referring diagnosis

from another health care provider.

 

Additionally, SB 233 would eliminate the California Acupuncture Board

and transfer its functions to a bureau within the Department of

Consumer Affairs. If there have been historical problems and issues

with the Acupuncture Board, there are a multitude of options available

to the legislature short of eliminating the Board. All such

alternatives should be fully considered and exhausted before the

legislature takes the drastic step of eliminating the Acupuncture Board.

 

Finally, SB 233 does not address the $1.5 million loaned from the

Acupuncture Board reserves to the General Fund in recent years. These

funds were generated through license fees charged to California

Licensed Acupuncturists. These fees were intended only for uses

directed related to the regulation of Licensed Acupuncturists. If

regulatory fees are used for any purpose other than regulating

licensees, those fees have been transformed into general taxes,

subjecting licensees to a tax not imposed on other citizens. As the

Joint Committee on Boards, Commissions, and Consumer Protection has

pointed out, this situation has evolved " without debate as to whether

such an imposition is fair, the best revenue-raising option, or sound

public policy. "

 

Please vote NO on SB 233.

 

Sincerely,

 

 

[YOUR NAME HERE]

[YOUR ADDRESS HERE if you're not using letterhead with an address]

 

CC: Senator S. Joseph 'Joe' Simitian District 11

Assemblymember John Laird District 27