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By the way, have we forgotten that the Department of Consumer Affairs already

provided a legal opinion that LAcs are authorized to diagnose disease? Why then

so many people on this list are willing and eager to accept a much more

restrictive interpretation?

 

 

 

 

 

Oakland, CA 94609

 

 

 

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Alon,

I think if I remember this correctly, the LHC stated that this

interpretation was not a correct legal interpretation. I do not know how

they came to that conclusion nor if they were authorized to make legal

arguements as well as evaluate the profession. We should know better by now

that we cannot trust any of these politicians as they might change their

minds on the way to the office. Keep up the fight.

 

 

Mike W. Bowser, L Ac

 

 

 

> " " <alonmarcus

>

>

>Re: DX

>Thu, 12 May 2005 10:22:57 -0700

>

>By the way, have we forgotten that the Department of Consumer Affairs

>already provided a legal opinion that LAcs are authorized to diagnose

>disease? Why then so many people on this list are willing and eager to

>accept a much more restrictive interpretation?

>

>

>

>

>

>Oakland, CA 94609

>

>

>

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learning the ICD disease classification system (whether or not you want to

also fit into

>>>>Lets not forget that HIPPA now demands higher level ICD codes and the idea

of just coding headache for example may not work.I have had claim rejected just

for that reason.

 

 

 

 

 

Oakland, CA 94609

 

 

 

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One can work with and accept new theories and applications without

rejecting or downplaying the classical approaches to channel theory.

I don't think the 'evolution' of Chinese medicine is into biomedical

approaches, otherwise the tradition will be completely lost. We will

end up just practicing Western medicine as therapists, with a little

'flavor' or sprinkling of Chinese medicine.

 

 

On May 12, 2005, at 5:28 PM, jreidomd wrote:

 

> Practitioners with exposure to

> and open-minded acceptance of the evidence of some modern development

> tend to lessen reliance on tendino-muscle channel, bi theory and

> certain

> modalities as we've learned clinical application of modern

> neurology, Travell/

> Simmons and McKenzie protocols, dynamic-resistance and assisted

> exercise,

> modern soft-tissue manipulation, and appropriate use of nutritional

> supplements that weren't around a few generations ago. All of

> which is

> completely in line with evolution of prior traditions, as well as

> the established

> statutory and legal interpretations for the State of California.

 

 

 

 

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the LHC stated that this

interpretation was not a correct legal interpretation.

>>>Remember the LHC has no legal standing and is only another opinion at this

point. The strongest argument is simple president. We have been doing this for

20 years, period. Only if we decide to commit suicide, as some of the people on

this list seem to do, by voicing support for these narrow interpretations, are

these recommendation will become the rule.We need a voice from practicing

professionals to counter these schools and their surrogates. While some of the

schools supposedly have positions that reflect more of what is believe are the

majority beliefs of CA practitioners, they choose to remain silent.

 

 

 

 

 

Oakland, CA 94609

 

 

 

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I beg to differ. There is more than one way to skin a cat.

 

Look, I have no problem with people who want to practice

musculoskeletal approaches to acupuncture, or who want to do a very

'westernized' approach to Chinese medicine. But please don't tell

the rest of us that this is the only possible future for our profession.

 

 

On May 12, 2005, at 5:28 PM, jreidomd wrote:

 

> The ICD code that you designate is

> nothing other than the level of specificity that you are confidant

> that you can

> justify. Maybe all you can justify is a Patient's complaint as

> stated, in which

> case that is the classification used, and Tx would probably be

> considered

> palliative. If you cannot justify anything according to the

> international

> standards, then the only thing you are affirming is incapacity to make

> decision, and that obviously fails to meet minimum standards

> necessary for

> public safety and record keeping, which as I understand it is

> really the only

> thing government regulation is supposed to ensure.

 

 

 

 

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>>> By the way, have we forgotten that the Department of Consumer Affairs

already provided a legal opinion that LAcs are authorized to diagnose

disease? Why then so many people on this list are willing and eager to accept

a much more restrictive interpretation?

<<<

 

[skip to bottom if you have any doubt or question about how to do an ICD

defensible Dx - Joe]

 

Well, the only reason I can guess is that they are treating cases that are way

over their heads. I'm sure some here understand endocrinology, immunology

etc far more than I could ever hope to, but the best they can do with direct

correlation to ancient theory is some poetic nonsense about the san jiao, the

six evils or whatever. Don't take that in the wrong way, - I'll sometimes use

that theory, and anyone in practice a few years has some wonderful and

surprising cures to confirm value in either the system or themselves as

facilitators of healing. That doesn't change the fact that the understanding of

what really is happening is relatively mickeymouse, and variable in Tx in

comparison to what MD specialists are doing.

 

In terms of validation by the mainstream biomed world, I see serious tactical

error in pursuing narrow-focus RCTs and chemical-constituent herbal studies

(which are only useful to us as pointers to formula modification). You really

have to be stupid to think that all that research in China is going to further

alternative practitioner status here; it either tells big-pharma what to co-opt

next, or tells the FDA what to jump on next. I don't want to keep pushing this

here if people don't want to try to get it, but I believe that the answer to

becoming integrative as opposed to being squashed, lies in 1) – really

learning the ICD disease classification system (whether or not you want to

also fit into CPT procedure guidelines), and 2) – appreciating that _ functional

_evaluation is the essence of evidence-based criteria, and _ functional _

evaluation is what you need to be developing and matching to the ICD (see

example below at bottom). Oh, and 3) – backing off from knee-jerk prejudiced

support of efforts to de-authorize and de-legislate what we already have. -

and that includes backing off support for abolishing the broadly inclusive term

oriental medicine under the guise of affirming that you love simple classical

approaches. Current politics regarding our future are threatening far wider

effect than the Work Comp overhaul of '93 that put independent evaluators

like me out of a then very good business. This time it is really about first,

marginalizing us all, and giving all 3rd party payers reason to deny.

 

But more important to the cave dwellers who boast of cash only practice

(which by any stats can reach less than 5% of a population that either pays

mega rates for insurance or doesn't have any money for healthcare), this

current legislation is a part of a back-door effort to limit use of modalities

including herbs to only a few conditions that they plan to decide you have

authority to diagnose.

 

Our profession is full of people who don't have English legal language savvy,

apathetic sheep who don't understand that politics is a dreadful long-drawn-

out affair that requires oversight and input throughout, and snakes whose

agenda is really the triumph of institutions, insurance, or other licensed

professions over the sustainability of acupuncture and oriental medicine. The

reason you should believe me is I'm a frightfully correct visionary (including

some of TV's first 3D motion graphics and predictive imagery), and because

I've grown up with and around a lot of legal minds. And also because I tell it

like it is and am protected enough to have nothing to lose.

 

I've long backed away from certain cases that I deemed to be more

appropriately handled by one or more of the modern western medical

specialties. It is not difficult to conclude from Harrison's Principles (the

" bible

of internal medicine " ) that biomedicine is far more scientifically advanced than

any other traditional or derivative methodology, which in contrast are

" deceptively simple to learn, yet complex to practice " as many teachers

acknowledge. Non-biomedical approaches nevertheless have significant

value in 1) refractory cases. 2) for persons ethically opposed, or unable or

otherwise adverse to meeting the financial, environmental, and other costs

endemic to allopathic standards, and 3) as complementary and integrative

adjuncts to mainstream care, perhaps filling in substantive gaps in the biomed

model by virtue of holistic viewpoint and humanistic elements. In my case it

only took being approached by a few inoperable cancer patients to scare

back some sense and humility, because in those instances I was called on

with an underlying hope that I was a miracle worker, rather than as a specialty

consult to provide an alternative opinion or coordinate care with the primary

involved physicians. As numerous individuals and groups strive to formulate

this new integrative healthcare, the first realm that many have been able to

come up to par with standards, as far as matching terminology of evaluation

while retaining application of the uniquely holistic qualities of oriental

medicine, is physical medicine or orthopedics. Practitioners with exposure to

and open-minded acceptance of the evidence of some modern development

tend to lessen reliance on tendino-muscle channel, bi theory and certain

modalities as we've learned clinical application of modern neurology, Travell/

Simmons and McKenzie protocols, dynamic-resistance and assisted exercise,

modern soft-tissue manipulation, and appropriate use of nutritional

supplements that weren't around a few generations ago. All of which is

completely in line with evolution of prior traditions, as well as the

established

statutory and legal interpretations for the State of California.

 

If you are seeing patients who already come in with one or more Dx, either

conflicting or for different disorders, there are only three possibilities.

Either

they have left that doctor out of frustration, in which case you either start

from

scratch or send for the record to review, or they still see that doctor. If

that

doctor approves the patient seeing you, you either get a referral, or a request

for you to do a consult. If you are seeing a patient surreptitiously, that is a

clear ethical violation, and you are asking for trouble even if you never bill

or

write a reciept. As I have outlined in my first substantial papers,

(see my website) :

http://www.jreidomd.blogspot.com

-when you learn how to properly do triage, you evaluate to whatever degree

you are capable of, and then refer or treat accordingly. Understanding of this

is so poor among so many, that they imagine that there is such a thing as an

absolute and correct Dx. A diagnosis is nothing other than a working model

for rationale and decision-making. The ICD code that you designate is

nothing other than the level of specificity that you are confidant that you can

justify. Maybe all you can justify is a Patient's complaint as stated, in which

case that is the classification used, and Tx would probably be considered

palliative. If you cannot justify anything according to the international

standards, then the only thing you are affirming is incapacity to make

decision, and that obviously fails to meet minimum standards necessary for

public safety and record keeping, which as I understand it is really the only

thing government regulation is supposed to ensure.

 

Joe Reid, LAc, OMD 2005 Reproduction only with prior

permission http://www.jreidomd.blogspot.com

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Talk with them.

 

 

Mike W. Bowser, L Ac

 

 

 

> " " <alonmarcus

>

>

>Re: DX

>Thu, 12 May 2005 19:07:59 -0700

>

>the LHC stated that this

>interpretation was not a correct legal interpretation.

> >>>Remember the LHC has no legal standing and is only another opinion at

>this point. The strongest argument is simple president. We have been doing

>this for 20 years, period. Only if we decide to commit suicide, as some of

>the people on this list seem to do, by voicing support for these narrow

>interpretations, are these recommendation will become the rule.We need a

>voice from practicing professionals to counter these schools and their

>surrogates. While some of the schools supposedly have positions that

>reflect more of what is believe are the majority beliefs of CA

>practitioners, they choose to remain silent.

>

>

>

>

>

>Oakland, CA 94609

>

>

>

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In our formula for our profession. I urge that we lower the

present emperor herb (political lobbyist) to the ministerial

position and promote Public Opinion (New York Ad Agency) as

the new emperor herb. With assistants WHO and NIH and

Tradition. Only thing we'd be lacking is Gan Cao

(harmonizing) and maybe some Ginger (anti-toxins)

 

Of course there remains the question of liquid, tablet,

granules and always patient compliance.

 

Ed Kasper LAc. Licensed Acupuncturist & Herbalist

Acupuncture is a jab well done

www.HappyHerbalist.com Santa Cruz, CA.

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