Internet chinese patent herb store/phone dx

[Guest guest]

In California, the State Board sent a letter out years ago...

 

The Acupuncture Board has recently learned that some acupuncturists have

been prescribing herbs over the telephone or internet...However, before a

practitioner can prescribe a treatment or herb, he or she must diagnose the

patient's condition. In evaluating whether a practitioner has performed a

proper diagnosis, the Board will look to the standard of care that would be

exercised by a practitioner in good standing who is prescribing similar

treatments or herbs. If a diagnostic technique is inconsistent with the

standard of care for a practitioner to prescribe herbs, the practitioner is

subject to discipline for having engaged in unprofessional practice.

In traditional Chinese medicine, the diagnostic standard of care is to

perform four specific examinations, which involve: a) asking questions; b)

visual examination, including tongue diagnosis; c) palpatory examination,

which may involve pulse, acupuncture point palpation, and abdominal

examination, and d) listening/smelling examination, etc. These four

examination components are commonly used in diagnostic procedures to

evaluate and diagnose a patient's condition. Such techniques are not usable

when an acupuncturist attempts to diagnose a patient's condition and

prescribe a treatment over the telephone or internet. Accordingly,

practitioners who diagnose and prescribe treatments over the telephone or

internet may be failing to meet the standard of care and engaging in

unprofessional conduct.

emphasis added...

Stephen Woodley LAc

 

Stephen:

 

you raise a couple of interesting points here:

 

1. outside of CA, would the NCCAOM or the respective state board be

the disciplinary body?

2. i am pleased that i have not seen practitioners offering herbal

consultations via the web based on phone interviews, due to the diag.

limitations you mention of phone consults. would a phone consult herbal

practice be a possible malpractice/standard of care issue for this reason?

 

Kath Bartlett, LAc, MS, BA UCLA

Oriental Medicine

Experienced, Dedicated, Effective

 

Asheville Center For

70 Woodfin Place, Suite West Wing Two

Asheville, NC 28801 828.258.2777

kbartlett

www.AcupunctureAsheville.com

 

 

 

[Guest guest]

HI Kath

 

" " wrote:

1. outside of CA, would the NCCAOM or the respective state board be

the disciplinary body?

That would be my guess...hopefully the first step would be a " Cease and

desist " letter.

I do realize that the stance I posted was based on California license

oversight.

 

 

2. i am pleased that i have not seen practitioners offering herbal consultations

via the web based on phone interviews, due to the diag. limitations you mention

of phone consults. would a phone consult herbal practice be a possible

malpractice/ standard of care issue for this reason?

Well, this is what I wonder...when I went to the store and they simply pointed

out a reference, they were clearly not accepting any role in the choice. It was

just a product on the shelf no different than, say, yogurt.

BUT, when a licensed professional offers a product for sale isn't there a

different level of responsibility? Considering that most products are shown with

some " sales pitch " on conditions treated (which the store wouldn't do) I really

wonder if this couldn't be construed as a " diagnosis " /endorsement/ " consultation "

and come with liability.

 

To paraphrase a world-famous TCM lecturer:

If we believe that proper use of herbs can bring a sick person back to health,

surely wrong use can cause illness

 

I wonder if a disclaimer on the bottom of a web page (that I might never

scroll down to) releases a licensed practitioner from liability...an attorney

once told me that those signs saying " we are not liable for loss or damage "

don't hold up in court...if an attendant parks your car...they are liable no

matter what the sign says...

 

Stephen Woodley LAc

 

PS: Ethically, I wonder about selling without a consultation...doesn't sit

right with me. Also, selling $3 bottles of BBs for $10...isn't that akin to what

we criticize Big Pharma for?