Guest guest Posted May 17, 2005 Report Share Posted May 17, 2005 Laws are meant to be interpreted according to the INTENT of the legislature. Poor wording is not a basis for misapplication of legislative intent and the courts have regularly ruled in this way. The problem with the current acupuncture law is that the intent of past legislatures was indeed misapplied by the board according to all independent reports such as LHC. This bill, in addition to scrapping the board, was meant to clarify these issues once and for all. To this end, the bill begins with an official legislative counsel digest. This reflects the senators LEGAL understanding of the bill and thus clearly reveals their actual intentions. No court would uphold any other interpretation when the intent is spelled out so clearly. I have attached the entire digest below, but here I extract the most salient point, one which unequivocally trumps all the hysteria you have heard so far, " The bill would include in the definition of acupuncture the diagnosis of a person for the purpose of providing acupuncture treatment. The bill would also authorize a licensee to diagnose for the purpose of performing or prescribing the use of oriental massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health. " It is quite clear from the above quote that the intent of the law (including the may 3rd amendment that restricts our western medical diagnosis rights) is actually to fully authorize our scope of practice not just with regard to needling, but also including herbs, massage, diet, etc. I would submit the case that this bill may actually pave the way for insurance reimbursement for other modalities besides needling. Because for the first time, we are being given the legal right to diagnose for herbology in this bill, according to the legislator's own counsel. I am not sure who AIMS and CSOMA have been talking to, but they may have got it all wrong. It is very possible they are inadvertently blocking the most important POSITIVE change in our scope, ever. Many such as myself see this bill as much more of an opportunity than a threat. Don't just listen to the folks who send the fanciest spam. http://info.sen.ca.gov/pub/bill/sen/sb_0201-0250/ sb_233_bill_20050503_amended_sen.html LEGISLATIVE COUNSEL'S DIGEST SB 233, as amended, Figueroa. Acupuncture. The Acupuncture Licensure Act provides for the licensure and regulation of acupuncturists by the Acupuncture Board and requires the board to enforce and administer the provisions of the act. Existing law authorizes the board to employ necessary personnel and appoint an executive officer. The provisions establishing the board and providing for the employ of personnel and the appointment of an executive officer will become inoperative on July 1, 2006, and will be repealed on January 1, 2007. The act authorizes a licensee to practice acupuncture, as defined, and to perform or prescribe the use of oriental massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to provide, maintain, and restore health. Existing law makes it a crime to practice acupuncture without a license. This bill would instead make the provisions establishing the board and providing for the employ of personnel and the appointment of an executive officer inoperative on January 1, 2006, and would repeal them on July 1, 2006. The bill would include in the definition of acupuncture the diagnosis of a person for the purpose of providing acupuncture treatment. The bill would also authorize a licensee to diagnose for the purpose of performing or prescribing the use of oriental massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health. By expanding the definition of acupuncture, the unauthorized practice of which is a crime, this bill would impose a state-mandated local program. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 17, 2005 Report Share Posted May 17, 2005 It seems that you neglected to print the most important part of the amended bill which reads, " Nothing in this section shall be construed to authorize an acupuncturist to diagnose any physical or mental disorder pursuant to Sections 2038 and 2052. " These two sections prohibit others for performing any type of western or other test for health and this includes blood pressure. Denial of ops is more like it. Oops, there goes access to workman's comp. What a loss to a needed patient group as well as an op for practitioners. Taking an anti-integrative stance is problematic and only serves to lessen our usage and acceptance. Here comes the return to ancient times. Why can we not be the one's working with integration, like our Asian counterparts, and also have a strong traditional understanding? Mike W. Bowser, L Ac > < > >cha > sb 233 digest >Tue, 17 May 2005 08:19:42 -0700 > >Laws are meant to be interpreted according to the INTENT of the >legislature. Poor wording is not a basis for misapplication of >legislative intent and the courts have regularly ruled in this way. >The problem with the current acupuncture law is that the intent of >past legislatures was indeed misapplied by the board according to all >independent reports such as LHC. This bill, in addition to scrapping >the board, was meant to clarify these issues once and for all. To >this end, the bill begins with an official legislative counsel >digest. This reflects the senators LEGAL understanding of the bill >and thus clearly reveals their actual intentions. No court would >uphold any other interpretation when the intent is spelled out so >clearly. I have attached the entire digest below, but here I extract >the most salient point, one which unequivocally trumps all the >hysteria you have heard so far, > > " The bill would include in the definition of >acupuncture the diagnosis of a person for the purpose of providing >acupuncture treatment. The bill would also authorize a licensee to >diagnose for the purpose of performing or prescribing the use of >oriental massage, acupressure, breathing techniques, exercise, heat, >cold, magnets, nutrition, diet, herbs, plant, animal, and mineral >products, and dietary supplements to promote, maintain, and restore >health. " > > >It is quite clear from the above quote that the intent of the law >(including the may 3rd amendment that restricts our western medical >diagnosis rights) is actually to fully authorize our scope of >practice not just with regard to needling, but also including herbs, >massage, diet, etc. I would submit the case that this bill may >actually pave the way for insurance reimbursement for other >modalities besides needling. Because for the first time, we are >being given the legal right to diagnose for herbology in this bill, >according to the legislator's own counsel. I am not sure who AIMS >and CSOMA have been talking to, but they may have got it all wrong. >It is very possible they are inadvertently blocking the most >important POSITIVE change in our scope, ever. Many such as myself >see this bill as much more of an opportunity than a threat. Don't >just listen to the folks who send the fanciest spam. > > > >http://info.sen.ca.gov/pub/bill/sen/sb_0201-0250/ >sb_233_bill_20050503_amended_sen.html > > LEGISLATIVE COUNSEL'S DIGEST > > > SB 233, as amended, Figueroa. Acupuncture. > The Acupuncture Licensure Act provides for the licensure and >regulation of acupuncturists by the Acupuncture Board and requires >the board to enforce and administer the provisions of the act. >Existing law authorizes the board to employ necessary personnel and >appoint an executive officer. The provisions establishing the board >and providing for the employ of personnel and the appointment of an >executive officer will become inoperative on July 1, 2006, and will >be repealed on January 1, 2007. The act authorizes a licensee to >practice acupuncture, as defined, and to perform or prescribe the use >of oriental massage, acupressure, breathing techniques, exercise, >heat, cold, magnets, nutrition, diet, herbs, plant, animal, and >mineral products, and dietary supplements to provide, maintain, and >restore health. Existing law makes it a crime to practice >acupuncture without a license. > This bill would instead make the provisions establishing the board >and providing for the employ of personnel and the appointment of an >executive officer inoperative on January 1, 2006, and would repeal >them on July 1, 2006. The bill would include in the definition of >acupuncture the diagnosis of a person for the purpose of providing >acupuncture treatment. The bill would also authorize a licensee to >diagnose for the purpose of performing or prescribing the use of >oriental massage, acupressure, breathing techniques, exercise, heat, >cold, magnets, nutrition, diet, herbs, plant, animal, and mineral >products, and dietary supplements to promote, maintain, and restore >health. > By expanding the definition of acupuncture, the unauthorized >practice of which is a crime, this bill would impose a state-mandated >local program. > Vote: majority. Appropriation: no. Fiscal committee: yes. >State-mandated local program: yes. > > Quote Link to comment Share on other sites More sharing options...
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