board news

[Guest guest]

wrote:

>>>However an acupuncturist probably shouldn't be selling herbs over the

internet at all if the website is used to recommend the product.  What I

mean is that if an acupuncturist had a website where he sold directly to

the public a chinese herbal product touted to be good for prostate health,

  he might be engaging in unprofessional conduct.  While a layperson doing

the same thing would be guilty of nothing.  So while not a crime, it

appears one could lose their license for this.<<<

 

Having perused the internet looking at what's being sold out there, I see that there are a number of practitioners, particularly Chinese ones, doing just what you say. There are a few sites where Chinese practitioners selling herbs online go into some detail about pattern diagnosis, but most just present their products for, say, prostate, or menopause or what-have-you.

 

I don't know if this was a good thing politically or not, or if anything will come of it or not, but I sent out a press release to my local newspapers and to NPR regarding the Illinois and California ephedra bans. I talked about the Chinese methodology for use of ma huang and other potentially dangerous herbs, and how following the Chinese herbal standard of care should prevent any dangerous side effects and how ma huang has never been prescribed by professional Chinese medicine for weight loss, energy, athletic enhancement, staying up all night, etc.

 

What is controversial is that I say I believe that only those who have some kind of state or nationally recognized documented training in Chinese herbal medicine should be allowed to sell potentially dangerous Chinese medical herbs such as ma huang. Otherwise the Feds will gradually one by one take away our medicinal tools as they see fit, because they don't understand our way. I say that we should be allowed to prescribe these potentially dangerous but also highly useful medicinals just as medical doctors are allowed to prescribe medicines that are potentially dangerous if misused but highly beneficial if used according to the standard of care. I also refer to the national CH board test and some states' board tests as documenting standards.

 

As has been pointed out on this list, by and large there is no regulation of herbal medicine in the US. This is a bad thing and a good thing and not necessarily something we would all be better off to see end. However, I think our legal hands-off time is ending bit by bit and will eventually come crashing down altogether, leaving us all out of the loop if we don't establish legal protection first. As I understand it, the real problem comes in legally using the word "medicine." That sets off all kinds of alarm bells in the heads of MDs and such. They say they're the only ones who are supposed to be practicing medicine. It's about time we stood up legally and say that we're practicing medicine, too, and damn proud of it.

Joseph G.

[Guest guest]

I just got a mailing from the CA board of acu and something piqued my

interest. the board has concluded that " practitioners who diagnose and

prescribe treatments over the telephone or internet may be ... engaging in

unprofessional conduct. "

 

If you have never had face to face having contact with the patient, then

you are definitely engaging in unprofessional conduct, as I understand it.

Furthermore, our prescription of herbs extends to any recommendation we

make " to promote, maintain and restore health. " thisisn't just about

treating disease. it would be about recommending yin qiao san to someone

by phone.

 

The standard we are held to is different than a layperson. While

laypeople cannot prescribe to restore health, they can make

recommendations to promote health within the limits of DSHEA. Many

laypeople cross this line, but that's another issue. A layperson could

probably legally sell herbs over the internet to promote health (like buy

my saw palmetto and have good prostate health), but not to treat benign

prostatic hyperplasia. that would be medicine. Kind of gray.

 

However an acupuncturist probably shouldn't be selling herbs over the

internet at all if the website is used to recommend the product. What I

mean is that if an acupuncturist had a website where he sold directly to

the public a chinese herbal product touted to be good for prostate health,

he might be engaging in unprofessional conduct. While a layperson doing

the same thing would be guilty of nothing. So while not a crime, it

appears one could lose their license for this.

 

It makes me glad I was always too lazy to set up an online store for the

public.

 

 

Chinese Herbs

 

 

" Great spirits have always found violent opposition from mediocre

minds " -- Albert Einstein

[Guest guest]

, acugrpaz@a... wrote:

As I understand it, the real problem comes in legally using the

> word " medicine. " That sets off all kinds of alarm bells in the

heads of MDs and such. They say they're the only ones who are

supposed to be practicing medicine. It's about time we stood up

legally and say that we're practicing medicine, too, and damn proud

of it. >>>

 

 

Joseph:

 

Before we do that we need to have our ducks in order. We need to

have the doctorate program in place to say that we are " doctors of

CM, " and then a war chest of money to deal with the legal

challenges. Doctors of CM; rather than doctors who also do CM, as a

sideline.

 

Instead of saying we're also racticing " medicine " , we should say

that we are practicing CM and should be paid equally to anyone else

who is---especially those who do it only as a sideline of their

scope of practice. When you are paid equally, you are considered to

be an equal.

 

 

Jim Ramholz