Clipping Board » Medical Affairs and Administration ─ Medical system, pharmaceuticals, and medical community-related reports
March 10, 2006
Traditional Chinese Medicine (TCM) acupuncture is a national treasure in China, but it is considered a foreign culture in other countries. How to establish, take root, and develop this foreign culture in the host country has become a challenge that the TCM community in various countries must face and seriously explore.
Although TCM acupuncture has developed comprehensively in the United States, California stands out as the state with the most rapid development, the largest practitioner base, and the most complete legislation. Therefore, the successful experiences and lessons learned from the legislative process of TCM acupuncture in California hold significant reference value.
From Illegal to Legal
The "acupuncture fever" that emerged after 1971 brought unprecedented attention to TCM acupuncture in California. However, many TCM practitioners were frequently reported, and some senior practitioners were often arrested and charged with "unlicensed practice of medicine."
In 1972, under the planning of the California Medical Association, the first acupuncture bill was proposed, stipulating that individuals without a Western medical license could perform acupuncture as physician assistants but only within certain approved medical institutions. This law became California's first acupuncture legislation.
Over the next two years, the TCM community proposed five bills, all of which were vetoed by Governor Reagan. In 1975, a proposal became law, allowing anyone who could provide evidence of having practiced acupuncture for over five years or having practiced acupuncture for over three years within a medical school's acupuncture research program to apply for registration as an acupuncturist. This marked a milestone in the smooth development of TCM acupuncture in California. In 1979, the California Acupuncture Association planned and proposed, through Assemblyman Torres, the "Independent Practice of Acupuncture Act," which eliminated the requirement that acupuncturists must first have patients diagnosed or referred by Western doctors, dentists, podiatrists, or chiropractors. This significantly enhanced the authority of acupuncturists.
In 1980, the "TCM Practice Standards Act" was proposed and passed. It included provisions such as recognizing acupuncturists as "primary healthcare providers," allowing the legal use of electroacupuncture, moxibustion, and cupping therapies, and permitting the use of massage, qigong, and tai chi as treatment methods. Additionally, acupuncturists were allowed to use Chinese herbal medicine to "promote patient health."
By 2001, a law further expanded the scope of practice for TCM practitioners, allowing them to use nutritional products, herbal medicines, and dietary supplements. It also explicitly permitted TCM practitioners to prescribe various plant, animal, and mineral products in clinical treatments.
On the Issue of Degrees and TCM Practitioner Status
This issue has long troubled many senior practitioners with extensive experience but limited English proficiency. Currently, apart from Nevada, Florida, and California's workers' compensation system, TCM acupuncturists in the United States do not hold the status of physicians. In 1983, over a hundred TCM acupuncturists in California, after two years of rigorous study, earned the title of "Doctor of Oriental Medicine" (OMD). After much debate, they were conditionally allowed to use the titles "Dr." and "OMD." Many schools are now working toward this goal. Looking ahead, TCM acupuncturists in the United States are expected to widely achieve doctoral-level qualifications. Only then can they gradually integrate into mainstream American society.
New Challenges Facing the TCM Acupuncture Profession
Since the new century, while TCM has gained recognition and acceptance in mainstream American society, the development of the TCM profession in California has faced a series of setbacks. For example, efforts by the TCM industry to raise educational standards have encountered obstacles; the qualification of TCM practitioners as primary healthcare providers has been questioned; their diagnostic abilities have been doubted; their authority to order lab tests and medical imaging has been challenged; and their ability to refer special cases to Western doctors or other medical professionals has been opposed. These challenges are primarily due to two main reasons.First, traditional Chinese acupuncture in the United States, especially in California, has developed into a considerable industry, occupying a certain market share and attracting the attention of non-TCM practitioners. Many professionals such as Western doctors, dentists, podiatrists, chiropractors, nutritionists, and even nurses are eager to get a piece of the pie. As a result, anything that benefits the TCM acupuncture profession is likely to be obstructed.
Second, some private interest groups in other states specialize in profiting from low-standard examinations for acupuncture, Chinese medicine, and massage, while also admitting students with low academic thresholds. This runs counter to the California TCM community's principle of significantly improving TCM standards. A ridiculous contradiction in legislation is that when TCM practitioners seek the right to evaluate work injury patients, Western doctors claim that TCM standards are too low; when we advocate for higher educational standards, interest groups oppose it to protect their student enrollment sources. This puts TCM practitioners in a difficult position, caught between conflicting forces.
Luo Zhichang
Honorary President, United Association of Traditional Chinese Medicine Practitioners of California, USA
Source: http://www. takungpao. com/ news/ 06/ 03/ 10/ GY- 536183. htm
Success and Failure of Acupuncture Legislation in California, USA
Traditional Chinese Medicine (TCM) acupuncture is a national treasure in China, but it is considered a foreign culture in other countries. How to establish, take root, and develop this foreign culture in the host country has become a challenge that the TCM community in various countries must face and seriously explore.
Although TCM acupuncture has developed comprehensively in the United States, California stands out as the state with the most rapid development, the largest practitioner base, and the most complete legislation. Therefore, the successful experiences and lessons learned from the legislative process of TCM acupuncture in California hold significant reference value.
From Illegal to Legal
The "acupuncture fever" that emerged after 1971 brought unprecedented attention to TCM acupuncture in California. However, many TCM practitioners were frequently reported, and some senior practitioners were often arrested and charged with "unlicensed practice of medicine."
In 1972, under the planning of the California Medical Association, the first acupuncture bill was proposed, stipulating that individuals without a Western medical license could perform acupuncture as physician assistants but only within certain approved medical institutions. This law became California's first acupuncture legislation.
Over the next two years, the TCM community proposed five bills, all of which were vetoed by Governor Reagan. In 1975, a proposal became law, allowing anyone who could provide evidence of having practiced acupuncture for over five years or having practiced acupuncture for over three years within a medical school's acupuncture research program to apply for registration as an acupuncturist. This marked a milestone in the smooth development of TCM acupuncture in California. In 1979, the California Acupuncture Association planned and proposed, through Assemblyman Torres, the "Independent Practice of Acupuncture Act," which eliminated the requirement that acupuncturists must first have patients diagnosed or referred by Western doctors, dentists, podiatrists, or chiropractors. This significantly enhanced the authority of acupuncturists.
In 1980, the "TCM Practice Standards Act" was proposed and passed. It included provisions such as recognizing acupuncturists as "primary healthcare providers," allowing the legal use of electroacupuncture, moxibustion, and cupping therapies, and permitting the use of massage, qigong, and tai chi as treatment methods. Additionally, acupuncturists were allowed to use Chinese herbal medicine to "promote patient health."
By 2001, a law further expanded the scope of practice for TCM practitioners, allowing them to use nutritional products, herbal medicines, and dietary supplements. It also explicitly permitted TCM practitioners to prescribe various plant, animal, and mineral products in clinical treatments.
On the Issue of Degrees and TCM Practitioner Status
This issue has long troubled many senior practitioners with extensive experience but limited English proficiency. Currently, apart from Nevada, Florida, and California's workers' compensation system, TCM acupuncturists in the United States do not hold the status of physicians. In 1983, over a hundred TCM acupuncturists in California, after two years of rigorous study, earned the title of "Doctor of Oriental Medicine" (OMD). After much debate, they were conditionally allowed to use the titles "Dr." and "OMD." Many schools are now working toward this goal. Looking ahead, TCM acupuncturists in the United States are expected to widely achieve doctoral-level qualifications. Only then can they gradually integrate into mainstream American society.
New Challenges Facing the TCM Acupuncture Profession
Since the new century, while TCM has gained recognition and acceptance in mainstream American society, the development of the TCM profession in California has faced a series of setbacks. For example, efforts by the TCM industry to raise educational standards have encountered obstacles; the qualification of TCM practitioners as primary healthcare providers has been questioned; their diagnostic abilities have been doubted; their authority to order lab tests and medical imaging has been challenged; and their ability to refer special cases to Western doctors or other medical professionals has been opposed. These challenges are primarily due to two main reasons.First, traditional Chinese acupuncture in the United States, especially in California, has developed into a considerable industry, occupying a certain market share and attracting the attention of non-TCM practitioners. Many professionals such as Western doctors, dentists, podiatrists, chiropractors, nutritionists, and even nurses are eager to get a piece of the pie. As a result, anything that benefits the TCM acupuncture profession is likely to be obstructed.
Second, some private interest groups in other states specialize in profiting from low-standard examinations for acupuncture, Chinese medicine, and massage, while also admitting students with low academic thresholds. This runs counter to the California TCM community's principle of significantly improving TCM standards. A ridiculous contradiction in legislation is that when TCM practitioners seek the right to evaluate work injury patients, Western doctors claim that TCM standards are too low; when we advocate for higher educational standards, interest groups oppose it to protect their student enrollment sources. This puts TCM practitioners in a difficult position, caught between conflicting forces.
Luo Zhichang
Honorary President, United Association of Traditional Chinese Medicine Practitioners of California, USA
Source: http://www. takungpao. com/ news/ 06/ 03/ 10/ GY- 536183. htm