**For CA LAc's = urgent notice regarding our primary care status**

[Guest guest]

May 5, 2005

 

Dear CSOMA members and colleagues;

 

The following is the background for an EXTREMELY URGENT request to

contact our state legislators, urging them to oppose Senate Bill 233

(SB233) which, if passed, could have far-reaching detrimental

effects on our profession, and to your livelihood as a licensed

acupuncturist. Although the background is somewhat long, we urge you

to read through it within the next couple days and respond with

letters to appropriate legislators. A sample letter and listing of

legislators is provided towards the end of this alert.

 

On April 25, the State Senate Business and Professions Committee

voted 4-1 to pass SB233, which will abolish the California

Acupuncture Board (CAB) on July 1, 2006. The CAB will sunset and

become a bureau that will be placed under direct supervision of the

Department of Consumer Affairs (DCA). In addition, a May 3 amendment

to that bill could effectively prohibit licensed acupuncturists from

rendering a diagnosis according to accepted standards of medical

practice.

 

This bill should be of grave concern and an affront to every

licensed acupuncturist in California as well as the patients we

treat. And although in public testimony Senator Figueroa adamantly

states that SB 233 has nothing to do with the profession, but rather

the performance of the Acupuncture Board, the recent amendments to

the legislation validate that this is simply not the case. The Joint

Committee on Boards, Committees and Consumer Protection (JC)

recommended that the CAB be abolished for the following reasons:

 

The CAB " has had trouble getting involved in the wrong issues " . The

JC cited CAB discussions on upgrading educational standards for our

acupuncture colleges, criticizing its recommendations for a 3,200

hour curriculum requirement as a " means of restricting entry into

the profession " . In fact, the upgraded standards, which were signed

into law in 2002 with AB1943, are meant to further ensure the

viability of future acupuncturists as primary care providers.

The CAB " missed significant opportunities to protect the public " .

The JC criticized the CAB for its lack of discussion

regarding " disposable, single-use needles or emerging research on

threats to public health " . What the JC fails to understand is that

the vast majority of licensed acupuncturists have received required

certification in clean needle technique, and have been trained to

use nothing other than disposable needles. It also fails to see that

the CAB has made significant efforts to protect the public by

advocating for higher standards of education that will better

prepare future acupuncturists to function within integrated settings

with other medical professionals.

The CAB has such a relatively small staff, it is not always able to

operate efficiently. The JC made the same criticism of the Medical

Board in SB231, yet recommended that it be extended until 2010. The

JC cites that the CAB function of approving schools of acupuncture

in California is a drain on its meager time and resources. Behind

this criticism, however, is the reality that national stakeholders

have effectively lobbied key legislators in the State Capitol in an

effort to wrest control from the CAB this vital function. It is

these same national stakeholders who have consistently opposed

upgrading educational standards for acupuncture schools in

California in order to force conformity with lower nationally held

standards.

The CAB " misreads its governing statutes concerning the scope of

practice of licensees " . Our scope of practice and authority to

diagnose have been a major point of disagreement between the CAB and

JC. The JC's intention to restrict our diagnostic authority would

effectively prevent acupuncturists from participating in workers

compensation and health insurance as primary care providers.

Furthermore, it could once again subordinate us under the

supervision of MDs, ODs and DCs. The JC fails or refuses to

recognize Legal Opinion 93-11 rendered in 1993. It states that by

repealing the requirement of referral or diagnosis from an MD, the

Legislature has authorized acupuncturists to diagnose a patient's

condition prior to providing any treatment.

With the addition of the May 3 amendment, SB233 will have a

devastating impact upon our profession and livelihoods. It could by-

pass Legal Opinion 93-11 and once again require our patients to

obtain an MD's referral for acupuncture treatment.

 

In an unsuccessful effort to persuade the Business and Professions

Committee to reject SB233, CAB Executive Officer Marilyn Nielsen

made testimony, during which she stated that sunsetting the

Board, " which will relegate the Acupuncture Board to a mere bureau

status, was and is viewed overwhelmingly as an affront to –and-

diminishment of the entirety of ancestral Asian medicine " .

 

" This is particularly proven by the fact that the Acupuncture Board

would be singled out as the very first health care board to be

sunsetted and reduced to a bureau. This action would wipe out 30

years of the advancement of this Asian medicine in California, would

send the conclusive signal that Asian medicine is 2nd rate and have

a chilling effect on the growing consumer demand for this

complementary medicine " .

 

SB233 will next be heard at the Senate Appropriations Committee.

This committee meets every Monday at 9:30 am, with SB233 being heard

as early as May 16. Letters must be sent before that date to ensure

that our legislators hear your voice. Members of the Appropriations

Committee are as follows:

 

Senator Carole Migden (Chair) Dist. 3, San Francisco, Marin Fax

(916) 445-4722

Senator Samuel Aanestad (Vice-Chair) Dist. 4, North Cal counties Fax

not known

Senator Elaine Alquist Dist. 13, Santa Clara Fax (916) 324-0283

Senator Roy Ashburn Dist. 18, Kern, Inyo Fax: (916) 322-3304

Senator Jim Battin Dist. 37, Riverside, San Diego Fax: (916) 327-

2187

Senator Debra Bowen Dist. 28, Redondo Beach Fax (916) 323-6056

Senator Robert Dutton Dist. 31, Riverside, San Bernadino Fax: (916)

327-2272

Senator Martha Escutia Dist. 30, Montebello Fax (916) 327-8755

Senator Dean Florez Dist. 16, Fresno Fax (916) 327-5989

Senator Kevin Murray Dist. 26, Culver City, Los Angeles Fax (916)

445-8899

Senator Deborah Ortiz Dist. 6, Sacramento Fax (916) 323-2263

Senator Charles Poochigian Dist. 14, Madera, San Joaquin Fax not

known

Senator Jackie Speier Dist. 8, San Francisco, San Mateo Fax (916)

327-2186

 

In addition, there is a possibility that backers of SB233 will

attempt to by-pass the Appropriations Committee and send it directly

to the Senate floor for a vote. Therefore, you should also send a

letter or otherwise contact your district Senator, urging them to

oppose the bill when it comes up for vote. Go to the State Senate

website for more info on contacting legislators

http://www.sen.ca.gov/.

 

You can also fax a copy to the California Acupuncture Board to show

your support, fax (916) 445-3015 or acupuncture; and to

CSOMA at office, fax (916) 443-4766.

 

The following is a sample letter that you may copy to your own

letterhead, personalize, and send to the appropriate legislators. If

you live in or close to a district represented by one of the above

senators, it is especially important to identify yourself as a

resident or business owner who also treats many patients who reside

in their district.

 

 

 

Sincerely,

The CSOMA Board of Directors

 

 

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SAMPLE LETTER TO LEGISLATOR OPPOSING SB233

 

The Honorable Senator ___________

Senate District ___

Fax (916) ___-____, Capitol Office

Fax (___) ___-____, District Office

 

Dear Honorable Senator _________,

 

I am a resident of ________, and a small business owner and licensed

acupuncturist in ___________. I am writing in regards to a bill

concerning the acupuncture profession that is scheduled to be heard

in the Senate Appropriations Committee in the near future. I hope

that you will consider the actions I am asking you to take on this

bill and the reasons for it:

 

OPPOSE:

SB 233 (Figueroa): This bill will sunset the California Acupuncture

Board (CAB), and replace it with a bureau within the Department of

Consumer Affairs. Sunsetting the CAB will remove the acupuncture

profession from public oversight, and place regulatory control with

government staff. Furthermore, the CAB is composed of medical

professionals who understand the issues relating to healthcare in

regards to public safety. Replacing the CAB with a bureau will mean

that the acupuncture profession will be overseen by DCA staff with

no medical background.

 

By statute, acupuncture is considered a primary healthcare

profession. All other health professions regulated within the State

of California are overseen by independent boards composed of public

members. It is not in the best interests of the consumer nor public

safety to remove a primary healthcare profession like acupuncture

from public oversight.

 

SB233 will also repeal the authority to diagnose according to

accepted standards of medical practice. This will set the

acupuncture profession back 15 years, and once again require an MD

referral before a patient can be treated by a licensed

acupuncturist. SB233 will restrict the consumer's ability to freely

choose what type a medical care they wish to receive. It unfairly

discriminates against the acupuncture profession by once again

subordinating licensed acupuncturists under the supervision of MDs.

It will adversely affect the livelihoods of thousands of licensed

acupuncturists and their medical staff, the majority of whom are

small business owners in private practice.

 

The criticisms leveled against the CAB that are cited as rationale

for its sunsetting are not due to consumer complaints. Rather, they

are driven by out-of-state interests seeking to force California to

conform with lower nationally held standards of acupuncture practice.

 

If SB233 passes, the CAB will be singled out as the only healthcare

professions board to be sunsetted to bureau status. This will send a

clear message to patients, consumers and the healthcare industry

that Asian medicine, with over 3,000 years of clinical history, is

considered second-rate medicine by California's legislators.

 

I urge you to support the legitimacy of Asian medicine by voting No

on SB233.

 

 

*your name*

 

 

CSOMA

PO Box 160637

Sacramento, CA 95816

916-498-9313

800-477-4564

916-443-4766 FAX

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