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Monday, October 12, 2009

Board's Efforts To Change Expanded Practice Are Illegal

By Glenn Wilcox
Doctor of Oriental Medicine
          The Albuquerque Journal article "Beyond Acupuncture" missed the point.
        I am a doctor of oriental medicine licensed by the Board of Acupuncture and Oriental Medicine in oriental medicine expanded practice. I served on the board for seven years and was the chairman for five. I was the founding president of the national Federation for Acupuncture and Oriental Medicine Regulatory Agencies. I am as knowledgeable and experienced in oriental medicine licensing issues as any person in the nation.
        By law, my colleagues and I are defined as physicians. For over a decade, we have used the current, legally authorized drugs. There has never been one disciplinary action taken by the board against a doctor of oriental medicine licensed for expanded practice. This is a remarkable and unusual example of successful regulation and of the competence of the physicians involved. The public is being protected.
        Those quoted in the article who cried that some imaginary public safety sky is falling are not doing so based on factual reality. The article states "(Board Chairman John) Pieper said the board did receive some complaints. 'We have heard from people who were physically harmed,' he said." For the board chair to make such misleading statements, when there is no evidence to support them, is an abuse of his responsibility.
        Oriental medicine expanded practice is a shining example of health care that is cost-effective with a minimum of risk. When compared to the estimated quarter-million-plus Americans who die each year from inappropriate conventional medical care and prescription drugs, one wonders what the real motivation for the board's actions might be.
        The House Health and Government Affairs Committee certainly wondered during the 2009 Legislative Session. HB 492 and 789 were tabled by the committee. Those bills failed to do by law what the board is now trying to do by rule. Both committee Chairwoman Mimi Stewart and Vice Chairman Jeff Steinborn publically reprimanded Pieper and Linda Trujillo, director of Boards and Commissions, for attempting to restrict the established scope of practice without a documented problem. As a result, Stewart introduced House Memorial 121 which was passed by the House. It directed the board and the Regulation and Licensing Division to "review the process by which they determine when it is appropriate to attempt to restrict an established scope of practice either by proposed regulation or by proposed legislation."
        During its Sept. 16 rule hearing the board admitted that they and the division had ignored the directive of House Memorial 121.
        Pieper is quoted as saying "after further research, the board permitted use of all but about 10 (substances)." This statement is absolutely false. The board is in fact illegally attempting to eliminate thousands of substances that are currently authorized by the law and have been for many years. The board does not have the authority to change the law. The New Mexico Legislature and the governor must do that. It is illegal for the board to attempt to legislate by regulation.
        Over the past 20 years the Legislature has passed five bills creating the current oriental medicine expanded practice that were signed into law by four governors. Now, a pharmacist is attempting to lead the board to undo two decades of law and has provided no evidence to justify the attempt to create regulations that will supersede the law. John Pieper has no expertise in oriental medicine expanded practice or the clinical use of the authorized drugs. My colleagues are physicians who are as highly trained and competent in this evolutionary medicine as any in the nation.
        The lack of competence and rigor demonstrated by the board over the past two years, as it floundered in its attempt to restrict oriental medicine expanded practice, is highly suspicious. The Journal article states, "Pieper said the board undertook months of study, including researching drug side effects, medical reports, Federal Drug Administration directives and lawsuits filed around the country." I have reviewed evidence provided by the board as exhibits at the Sept. 16 rule hearing, and it is virtually nonexistent. And, the little evidence presented was flawed and not based in fact.
        Any reasonable person who examines the record will come to only one conclusion. The board is in over its head and Gov. Bill Richardson needs to replace most of its members — quickly. The proposed new rules are arbitrary, an abuse of discretion, not supported by substantial evidence and clearly illegal. They should not stand.
        The real question that was never addressed in the article is, what motivated the board to undertake such radical action?
        Show me the money!