Guest guest Posted March 9, 2005 Report Share Posted March 9, 2005 On 10/03/2005, at 7:21 AM, acuman1 wrote: > > Is there malpractice suits in Australia? I woudl suspect that any > insurance > company that requires undertrained providers would be open to > litigation. > Perhaps a acupuncturist class action suit for restriction of trade? I > know it is a > different country, but there must a loophole that woudl require > competency for > the patients sake. > Dave > > Hi Dave, The health insurance company in the situation of MD's and acupuncture is the public health system ie. the government (medicare). MD's are generally sued for malpractice frequently, and have the insurance premiums to prove it. The crazy premiums for obstetrics has pushed many out of this speciality, and I think a similar thing is happening with pediatrics. Medicare in this country does not cover non-MD TCM practitioners and I don't see it happening in my lifetime (but we are trying). I think Australia is generally not as litigious as the USA (is anyone?) and I have no idea about the possibility of a class action regarding restriction of trade. The issue of competency is of course a very important one. Acupuncture associations have been pushing for higher educational requirements for MD's who want to use acupuncture in their practice for years; and some headway has been made in this regard. Our profession is also trying to educate the public as to what chinese medicine is and what qualifications they should look for when they seek these services. If the public increasingly demands and engages the services of fully qualified practitioners who are members of professional associations or registered under legislation; the MD's will increasingly have to satisfy these requirements as well to continue to get patients who want this service. Of course, this is a slow process and the simple fact that patients can often get such services basically " for free " through an MD; it is an uphill battle for our profession. The fact remains that the only way TCM practitioners will get into the public health care system is if the public overwhelmingly demands it and the government can afford it when the public health care system is already in trouble trying to cover the services it currently does. Most of the revenue the government collects from complementary health related products and services ironically goes into supporting the failing western medical system. However, the government is increasing its support for research into complementary therapies and undertaking studies comparing the cost/benefit ratio's of these different health systems. The results of such research has been good for us and the government can now see that in many cases their money may well be better spent on complementary services. The problem is how to make the transition without enough money in the coffers for medicare as it is. When the registration bill for chinese medicine was passed in parliament in my state; the MD's were exempt from this legislation which left their own board and associations with the responsibility of ensuring their members were sufficiently trained to offer TCM services. This exemption was included late in the process to allow the bill to pass through parliament, as the medical fraternity had the political clout and would have blocked the bill. Unfortunately, once the MD's put their hand up for exemption, so did the physiotherapists, the chiroprators, the osteopaths, the nurses, the pharmacists, the dentists (!!!) and the the optometrists (!!!) as the new legislation could " theoretically " reduce their scope of practice. Thankfully, for herbology, these institutions have basically waived this exemption and now require their members to have the same qualifications as those eligible for registration for chinese herbal medicine through the Board; so in this regard they must have the same education qualifications as primary TCM herbalists to provide this service. Acupuncture however is still a different kettle of fish and the MD board's still have a much lower educational requirement to allow their members to practice this modality than the board requires of acupuncturists. It should be noted that the vast majority of MD's practice a biomedical style of acupuncture that is more of a " painful area, stick needle in it " type of service or common point protocols for morning sickness etc. I really don't think they practice any type of traditional acupuncture, which is a concern for what impression the public gets from such services in regards to what they think acupuncture really is and what it can treat. Increasing numbers of MD's are attempting to incorporate complementary therapies into their practice as they are generally less risky for some conditions, and in other conditions they actually provide the MD with a way to address a condition beyond " take an aspirin " or prescribing pharmaceuticals that may more harm than good just to be seen to be doing something for the patient. Complementary therapies are very popular with the australian public and increasingly, the government. MD institutions are becoming very aware of the value of these modalities and are encouraging their members to seek training in these modalities and incorporate them into their practice. The training these MD's a required to take is still not up to scratch in the majority of cases and I think many provide these services because it is what the patient wants and the patients go to them before a true acupuncturist or other complementary therapy provider due to the fact they can get refunds in the public health system for this service. Best Wishes, Steve Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 9, 2005 Report Share Posted March 9, 2005 Dear List, I have enjoyed this discussion and would like to thank many for their kind words off-list recently. Unfortunately, these discussions have consumed a lot of my time in the past few days and I need to pull back a little get some other things done:P Roger, please contact me off-list if you want to discuss the data further. Best wishes to all, Steve Quote Link to comment Share on other sites More sharing options...
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