NYSAC Bill Introduced in Both Senate and Assembly for 2011 Session

ХудожникИконописWe are very pleased to announce that our legislation has been introduced in both houses this session A8816 in the Assembly and S3511 in the Senate. Please click on these links to read either bill: http://open.nysenate.gov/legislation/bill/A8816-2011 or http://open.nysenate.gov/legislation/bill/S3511-2011 .

We are grateful to the our Lobbyist David Carroll for all his hard work as well as for all the support from our constituent members.

Assembly Member Richard Gottfried has taken on sponsorship of this bill. We hope that his endorsement and seniority in the Assembly will help with the progress of this bill.  We are very grateful to Assembly Member Grace Meng, our earlier sponsor, for making this possible.  Senator Nozzolio continues his sponsorship of our bill in the Senate.  We are very appreciative of his leadership.  Senator Oppenheimer continues as co-sponsor, underscoring our commitment to this non-partisan and public health oriented legislation.

KPC Herbs Shows its Commitment to New York State Licensed Acupuncturists

Early this fall Jason Tsai and  KPC Herbs made an important and supportive contribution of $2000 to the work of the New York State Acupuncture Coalition.  This gift has gone a long way to supporting our lobbying costs and providing a renewed sense of motivation and esprit for our team of volunteers. This gift from a major manufacturer and distributor of  high quality herbal products represents an important gesture of support for New York State Licensed Acupuncturists who hope to practice traditional herbology without the threat of legal action against their licenses.  Thank you, Jason Tsai  and KPC Herbs.

New York Acupuncturists Need Their Use of Herbs Established in Law

иконописПравославни икониThose of you who are acupuncturists practicing Chinese herbal medicine outside of New York may be surprised to learn that the use of herbs is not established in our acupuncture law. Some acupuncturists who practice in New York and recommend herbal formulas or prepared formulas sold as supplements may also be surprised to learn that the New York State Education Department believes that such activities lie outside the scope of practice of a licensed acupuncturist.

Although I was trained and practiced in California, I moved to New York in late 1992 where I have worked running various schools and clinics, teaching, and seeing patients. Over the last five years I’ve been working with a very dedicated group of people on adding the use of herbs and dietary supplements to the scope of practice in New York State Licensed Acupuncturists. If you are reading this and are surprised to find out that herbs are considered to be outside the scope of practice of Licensed Acupuncturists in New York you are not alone.

New York’s acupuncture law is one of the oldest in the United States. Licensed practice was established there in 1975 and in 1991 the law was changed to provide educational standards for training programs and to use a standardized examination. Since that time New York has become home to some great acupuncture schools, I know because I have been privileged to either work at or run four of them. All of these programs provide formal training in Chinese herbal medicine, run herb dispensaries and train acupuncture students in clinics that provide both herbs and acupuncture to the public. Some have been in operation now for close to twenty years. All of the New York State acupuncture schools that provide training in acupuncture and Chinese herbal medicine have had their curricula (including clinical training in herbs) approved by the same agency that now questions whether acupuncturists can recommend and provide herbs to their patients.

What happened to get me interested in herbal legislation was that in early 2005 an officer of the New York State Education Department called my wife Marnae’s and my practice. He called in relation to our support for a colleague’s temporary license. However, when he heard our answering machine message indicating that we offered Chinese herbs, he proceeded to leave a long message threatening to immediately take action against our licenses unless we immediately stopped indicating that Chinese herbs were part of our acupuncture practice. Of course, we did as we were asked, but we started to investigate. We found out that due to a change in leadership at the agency that oversees acupuncture in NY State, the New York State Education Department Office of the Professions, the recommendation and preparation of herbs was no longer viewed as a typical adjunct of acupuncture practice, but as an activity that a Licensed Acupuncturist could not engage in. On the other hand if you ran a health food store you could do anything you wanted with herbs. Marnae and I were shocked.

We weren’t the only ones. It became apparent that other acupuncturists had had similar experiences. By late 2006 conversations about the need of New York Licensed Acupuncturists to be able to use herbs without the possible threat to their license began within our community. Various practitioners began to come together to lay the ground work for building a consensus plan.

In 2007 the same officer that had called our practice, sent a letter to our profession’s insurer stating, among other opinions, that “New York State does not recognize the use of herbs, or oriental/herbal medicine.” This raised a critical problem for all Licensed Acupuncturist preparing or recommending herbs in New York. It raised the very real possibility that an activity, routinely practiced by many, might not be protected by our professional liability insurance. Additionally, it suggested that our state regulatory agency was fully prepared to take action against practitioners who made herbs part of their practice. In fact, conversations with officers from the state suggested that they believed that a Licensed Acupuncturist who wanted to provide herbs to patients should run a separate herb store from which she or he might sell herbs and herbal products, without providing any guidance to the patient concerning which to buy or use. This opinion was so far at variance with accepted practice in New York State since the early days of the license in 1975, and even since 1991, that our community became very active.

New York State Acupuncture Coalition (NYSAC) was formed that year. Through the efforts and hard work of people such as Kathleen Golden LAc, past President of the Acupuncture Society of New York (ASNY), Marilee Murphy, RN, LAc then Dean of the Finger Lakes School of Acupuncture and Oriental Medicine, and Kathy Taromina, LAc Director of the Touro College Graduate Program in Oriental Medicine the New York State Acupuncture Coalition (NYSAC) was formed. Michael Jabbour, LAc, the current President of ASNY and Vice-President of AAAOM has provided years of dedicated effort to this project. Over the years many other individuals have contributed enormous amounts of time and energy to this project.

Through a series of well attended town hall meetings in 2007 and 2008 community consensus around the language and goal of the bill was developed. Our initiative received support from a wide range of New York State and national organizations. We were proud to create an inclusive bill that received support from the Chinese practitioner community, both The American Traditional Chinese Medicine Society and The United Alliance of New York Licensed Acupuncturists strongly support this legislation. We wanted a bill that would support and protect the people who made the use of Chinese herbs possible in New York, and so were very glad to have the support of the Association of Chinese Herbalists of New York. In addition, we received support from the Acupuncture Society of New York , New York State acupuncture schools, businesses, practitioners and patients. On a national level, The American Association of Acupuncture and Oriental Medicine , the National Commission for the Certification of Acupuncture and Oriental Medicine, and many others endorsed our legislation.

It’s been a long and hard struggle. Our bill has been introduced in both the Senate and the Assembly over the last two sessions. We have strong bipartisan support. The New York State Senate passed the bill last session, but we were not able to bring the bill to the floor of the assembly for a vote. Our bill has been introduced in both the Assembly and the Senate this session. We have a great deal of work to do in the next several months to move this critical legislation forward.

While NYSAC is an all volunteer effort we still have expenses, and we have a very hard working and under paid lobbyist. We are incredibly grateful to the good folks at Blue Poppy for their commitment to making New York State safe for acupuncturists who use herbs and for their patients. Please visit our site to learn more, or read the bills at the Assembly or Senate. If you have any questions please feel free to email me kve@pobox.com.

Kevin V. Ergil, MA, MS, LAc
NYSAC Legislative Advisor

Support Herbs in NY: Shop at Blue Poppy!!!

If you purchase at the Blue Poppy website during this weekend (March 11-13), 5% of your purchase goes to this effort through NYSAC (New York State Acupuncture Coalition). NYSAC exists solely to improve the scope, status, and welfare of professional practitioners of acupuncture and Chinese medicine in the state of New York. NYSAC is a coalition of the Acupuncture Society of New York, The American Traditional Chinese Medicine Society, The United Alliance of New York Licensed Acupuncturists, and numerous other schools, business, associations, practitioners, and patients.

NYSAC’s efforts are supported by AAAOM, AAC, NCCAOM and other national organizations as well. We at Blue Poppy believe we are all in the boat together and that this effort is good for all practitioners everywhere. So get on board and visit our website the weekend of March 11-13: http://www.bluepoppy.com.

Not a Blue Poppy customer? Sign up today or call us if you need help at 1-800-487-9296 to create a login and password so you can see all our considerable list of products!

NYSAC Bill S 5512 Passes in NY Senate

кухненски масиDear NYSAC Supporters,

Congratulations to everyone for their hard work. NYSAC Bill S 5512 Passes in NY Senate!

After three years of work we won one. Kudos to Senator Oppenheimer, Senator Nozzolio, David Carroll and all of you who have worked, called, written and contributed these last few yers.

We still need your help as we are stuck in the Assembly.

One of our callers recently posted this message: “I just got off the phone with Assembly Member Glick’s office and the woman answering the phone said: “I have been told to tell you that Assembly Member Glick is closing down the committee for this year. There will be NO movement on this bill.”

This seems to be the case and so I believe that we should stop spending time on phone calls to the Assembly and to Glick’s office today.

I will be sending out several updates concerning short and long term strategy, political contributions, more letter writing and our plans for the next legislative session over the next few weeks. However, I want to make a few brief points.

1. The Assembly Higher Education Committee can reconvene at any time based on the discretion of its Chair. Over the next few weeks we will be making substantial efforts to communicate with Assembly Member Glick at the district level to see what can be done if not for this session, then for 2011. Our ASNY leadership will be focussing on this issue in July.

2. It is very unlikely that the budget problem is going to be solved this week in Albany. That means that there will be more meetings of the Assembly this year and that means that there is still some home for this bill. The hope is small, but it is there.

3. NYSAC will be providing specific suggestions about political giving prior to the coming election and working hard to build our war chest for 2011. We are very close to legislative success, but we need resources to support our process and our legislative sponsors. Please think about contributing the cost of a few patient visits to NYSAC and members of the Senate who supported our work, Suzi Oppenheimer in particular. We need to be sure that Grace Meng is aware of how much we appreciate her efforts. Finally, NYSAC is only the representative of this initiative. We have relied on so much support and effort from ASNY and ATCMS. If you aren’t already a member of ASNY or ATCMS please join.

This is a hard process, done by volunteers against big odds, but every session, every year we get further along. Keep up the good work.

NYSAC Update & More Calls Now!!!

Three Phone Calls must be made on Monday, & Tuesday (June 28 & 29)

Since the Tuesday June 22 message, there has been a great deal of forward movement in the Assembly. Your calls have gotten the attention of the Speaker’s office and our lobbyist David Carroll is having productive conversations with Assembly Member Deborah Glick’s staff.

The legislative session will extend into next week, probably through Wednesday. We need two things to happen: 1) Speaker Silver needs to direct his staff to move Assembly Bill A03717A onto the floor and 2) Assembly Member Glick needs to move the Bill out of the Higher Education Committee as well.

The Senate Bill S 5512-A (the Senate look-alike) is ready to move, but the Senate will not act until the Assembly has committed to moving the bill. All our energy needs to be focused on the Assembly.

Our Assembly sponsor Assembly Member Grace Meng is working very hard right now on our behalf. She needs our help. Please make these three calls ASAP.

Three Phone Calls that must be made on Friday, Monday, & Tuesday (June 25, 28, 29)

Making these calls sooner than later is best.

If you have already called these offices find any New York State voter and get them to call. Callers can be friends, parents, patients etc… But calls must be made!!

Please continue to be courteous and friendly. We have been complemented on the quality of the calls. Keep up the good work.

Please make these calls or have someone else make them now.

1) Assembly Member Glick (Chair Higher Education Committee) – 518-455-4841

“My name is _______________. “

“I am calling to ask that Assembly Member Deborah Glick move Assembly Bill A03717A Meng (SAME AS Senate Bill S 5512-A). This bill has been held in the Higher Education Committee for three years. This bill has a positive impact on the profession of acupuncture and patient care.”

If you are in her district say: “I vote in his district and this bill is critical to me.”

If you are Asian or Asian-American say:

“I am a member of the Asian American Community and this bill is important to our community.”

Then Say: “Please ask the Assembly Member Glick to move this bill. Thank you.”

2) Sheldon Silver Speaker of the Assembly – 518-455-3791

And say:

“My name is _______________.

“I am calling to ask that Speaker Silver help move Assembly Bill A03717A Meng (SAME AS Senate Bill S 5512-A). This bill has been held in the Higher Education Committee for three years. This bill has a positive impact on the profession of acupuncture and patient care.”

If you are in his district say: “I vote in his district and this bill is critical to me.”

If you are Asian or Asian-American say:

“I am a member of the Asian American Community and this bill is important to our community.”

Then Say: “Please ask the Speaker to move this bill. Thank you.”

3) Then Call Judy Rapfogel, Senior Staff to Sheldon Silver – 518-455-3791 ask that the message be given to Ms. Rapfogel and say:

“My name is _______________.

“I am calling to ask that Ms. Rapfogel help Speaker Silver help move Assembly Bill A03717A Meng ( SAME AS Senate Bill S 5512-A). This bill has been held in the Higher Education Committee for three years. This bill has a positive impact on the profession of acupuncture and patient care..”

If you are in his district say: “I vote in his district and this bill is critical to me.”

If you are Asian or Asian-American say:

“I am a member of the Asian American Community and this bill is important to our community.”

Then Say: “Please ask the Speaker to move this bill. Thank you.”

NYSAC CRITICAL ACTION NOW

We have a make or break option on our herbs bill for this legislative session. After Friday we are either law or pushed off to 2011. If you are in Manhattan or Chinatown, your action is most critical, but everyone needs to call.

For over 3 years, NYSAC and ASNY have been working to get herbs in the legal scope of practice of acupuncturists in New York. But right now, Deborah Glick is holding us up. We need to ask the Speaker’s office to help move the bill. Grace Meng is working very hard right now on our behalf. Please make these two calls ASAP.

Two Phone Calls that must be made on Wednesday, June 23 between 9:00 am and 4:00pm

1) Sheldon Silver, Speaker of the Assembly

Call his Albany Office: 518-455-3791
And say:

“My name is _______________.
“I am calling to ask that Speaker Silver help move Assembly Bill A03717A Meng (SAME AS Senate Bill S 5512-A). This bill has been held in the Higher Education Committee for three years. This bill has a positive impact on the profession of acupuncture and patient care.”

If you are in his district say: “I vote in his district and this bill is critical to me.”

If you need to check on his district boundaries go to this link to check on the map of the 64th Assembly District (Chinatown, lower east side, Staten Island

http://assembly.state.ny.us/mem/?ad=64&sh=map

If you are Asian or Asian-American say:

“I am a member of the Asian American Community and this bill is important to our community.”

Then Say: “Please ask the Speaker to help get this bill to the floor for a vote. Thank you.”

2) Then Call Judy Rapfogel, Senior Staff to Sheldon Silver

Call: 518-455-3791 ask that the message be given to Ms. Rapfogel and say:

“My name is _______________.
“I am calling to ask that Ms. Rapfogel help Speaker Silver help move Assembly Bill A03717A Meng ( SAME AS Senate Bill S 5512-A). This bill has been held in the Higher Education Committee for three years. This bill has a positive impact on the profession of acupuncture and patient care.”

If you are in his district say: “I vote in his district and this bill is critical to me.”

If you are Asian or Asian-American say:

“I am a member of the Asian American Community and this bill is important to our community.”

Then Say: “Please ask the Speaker to help get this bill to the floor for a vote. Thank you.”

URGENT NYSAC ACTION TODAY

We now have  a “look alike bill” in both the Senate  (S.5512A) and the Assembly  (A.03717A). Assembly Member Meng has amended her bill as requested. We have recently achieved acceptance of our legislation’s language from the New York State Education Department.  This acceptance was based on technical amendments made by Senator Suzi Oppenheimer our Senate Sponsor. 

Both bills now need to be placed on the agenda and moved forward out of the higher education committees of both the Senate and the Assembly.

It is urgent that we immediately and courteously call, fax, email and write to

Senator Toby Ann Stavisky
Chair, Committee on Higher Education 
Re: Senate  S..5512A Oppenheimer & Nozzolio

Assembly Member Deborah J. Glick
Chair, Committee on Higher Education
Assembly  A.03717A Meng

Please express your support for these bills and ask them (the Chairs Stavisky and Glick) or their staff to place these bills on the agenda and move them forward so that they can be brought to the floor for a vote.

Time and input is of the essence. Our lobbyist has asked us to call their offices (both Albany and District to express support for these bills and to ask that these bills be moved forward and voted on this session. Stress that we have been working on this legislation for three years, that NYSED has no objection, there is no cost to NY State, and that this benefits and protects patients.

After you call, please email a copy of your letter of support to the office, and then fax an mail a hard copy.  Please fax and mail to both Albany and the District Offices.

As before templates are provided and all contact information including phone numbers are below.

Assembly Member Deborah J.. Glick
Chair, Committee on Higher Education

The Honorable Deborah J. Glick
Chair, Committee on Higher Education
New York State Assembly
LOB 717
Albany, NY 12248
518-455-4841
Click here to download this letter

The Honorable Deborah J. Glick
Chair, Committee on Higher Education
New York State Assembly
853 Broadway
Suite 1518
New York, NY 10003
212-674-5153
Click here to download this letter

Senator Toby Ann Stavisky
Chair, Committee on Higher Education

The Honorable Toby Ann Stavisky
New York State Senate
Chair, Committee on Higher Education
509 Legislative Office Building
Albany, NY 12247
Tel:   (518) 455-3461
Fax:  (518) 426-6857
Click here to download this letter

The Honorable Toby Ann Stavisky
New York State Senate
Chair, Committee on Higher Education
144-36 Willets Point Blvd.
Flushing, NY 11357
Tel:   (718) 445-0004
Fax:  (718) 445-8398
Email address: stavisky@senate.state.ny.us

Progress in 2010 Legislative Session

Coalition leadership, Kathy Taromina, Kevin Ergil and Michael Jabbour, continue to press forward on the issue of correcting the scope of acupuncturists in New York and improving patient care and our professional status.  Senate Bill 5512, sponsored by Susie Oppenheimer, and its “look alike” in the assembly, sponsored by Grace Meng, has recently been the subject of productive conversation with the New York State Higher Education Department, and it is hoped that the bill may move out of committee this year.  The goal of the bill is to make the statutory scope of practice of acupuncture conform to the traditional scope, including the use of herbs that are part of acupuncture in Oriental (Chinese, Japanese, Korean) medicine.  The bill will also alter the composition of the state board to reflect the traditional scope of practice, require additional certification and continuing education in relation to such practice, and change the current law to establish acupuncturists as mandatory reporters of suspected child abuse and maltreatment.

Taromina Ethics Class in Long Island to benefit NYSAC

Michael Taromina Ethics Class in Long Island Sponsored by ASNY to benefit NYASC

When: Sunday January 18th 9am-1pm
Where: New York College of TCM 155 First Street, Mineola, NY 11501
Fee: Students $65, Professionals $75
CEU Info: 4 PDA’s awarded that fulfill the NCCAOM requirement for Ethics and Safety

Course Description:

This course delivers a detailed overview of AOM professional ethics, liability and risk by examining real cases. In the sensitive field of health care, a misconduct complaint or lawsuit is not always a result of a practitioner’s bad behavior or judgment. Experienced and careful practitioners routinely find themselves facing the prospect of damaging professional disciplinary actions or litigation because they failed to utilize effective risk management strategies. This course will provide practitioners with effective risk management strategies.

Topics covered will include:

-Overview and emerging trends of risk for alternative health care providers
-Avoiding common ethical pitfalls for well-intentioned practitioners
-The correlation between NCCAOM and state misconduct complaints
-The relationship between litigation and ethical complaints
-In-depth analysis of real cases

Presenter:

Michael Taromina, Esq. has an extensive background representing and educating Acupuncture and Oriental Medicine practitioners, institutions, organizations and students. As the Chair of NCCAOMs Professional Ethics & Disciplinary Committee he co-drafted the Code of Ethics and Grounds for Discipline and oversees the adjudication of misconduct cases from all over the country. As legal counsel to New York State Acupuncture Coalition (NYSAC) he has served an integral role in the drafting and lobbying effort to amend the New York State Acupuncture statute. He is also a Public Board Member (Alternate) of AAAOM and legal advisor to AAAOMs Herbal Medicine Committee, NCCAOMs Regulatory Affairs Task Force, TCM World Foundation, Acupuncture Society of New York (ASNY) and Chinese Medical Science Foundation (CMSF). As a faculty member, Michael has designed and taught courses in health law, biomedical ethics, liability and practice management at Touro Colleges Graduate Program for Oriental Medicine, Pacific College of Oriental Medicine, Tri-State College of Acupuncture, New York College of Health Professions, Eastern School of Acupuncture & Traditional Medicine, Swedish Institute College of Health Sciences and Mercy College.

Contact: James Shinol at Thinkacupuncture@aol.com or (516)509-5444

Directions to Acupuncture Day in Albany, May 7th

Directions to Acupuncture Day in Albany May 7th

Our event on May 7th begins at 9am
Orientation

The New York State Assembly chambers are located in the Capitol Building. Most Assembly offices are in the Capitol, Legislative Office Building and Agency Building 4. These buildings are all part of the Empire State Plaza complex in downtown Albany, New York.

The Empire State Plaza also houses many State agencies and commissions, as well as the Empire State Plaza Convention Center, New York State Museum and Empire Center at the Egg.

Our event is in the “Well.” This is on the first floor of the Legislative Office Building. When you get there, as for directions. This room is a major landmark.

Driving Directions

From the North: Take Interstate 87 (Northway) to Interstate 90 (East) exit, proceed east to Interstate 787 and take Empire Plaza exit.

From the South: Take New York State Thruway (Interstate 87) to Exit 23 – straight through Toll Booth to Interstate 787, then take Empire Plaza exit.

From the East: Take Interstate 90 and cross Hudson River. Take exit to Interstate 787 South, along river. Take Empire Plaza exit.

From the West: Take the New York State Thruway (Interstate 90) to Exit 24 (Albany), proceed east on Interstate 90 to Interstate 787 South, along river. Take Empire Plaza Exit.

Visitor Parking

The following map highlights some of the visitor parking areas in and around the Empire State Plaza.

And here is a link to their website, http://www.cs.state.ny.us/home /findus.cfm

Ethics in Acupuncture CEU – Michael Taromina, Esq.

Ethics in Acupuncture CEU – Michael Taromina, Esq.

Michael A. Taromina, Esq.

All Proceeds go to Benefit New York Acupuncture Coalition

When: Sunday, July 13th, 9am-1pm

Fee: $45 for Eastern Alumni, $55 for all others

Call 973-746-8717 to reserve your seat.

Below is the description of the class. But before that here is what Michael has to say about the Coalition and our work.

Over the past two years, the dedicated volunteers of NYSAC have mobilized and energized the AOM profession in the State of New York. Their efforts have resulted in unprecedented political support for NYSAC’s legislative initiative–NYS Assembly Bill-A10143/Senate Bill-S. 7333. However, there is much more costly work to be done before we can claim an historic legislative victory for the AOM profession in one of the most important and influential health care states in the nation. Accordingly, I am asking you to secure and advance the present and future domain of your medicine by contributing to NYSAC’s efforts through attending this NCCAOM Ethics CEU class. My time and every penny received will be donated directly to NYSAC so please join me.

Course Description:

This course delivers a detailed overview of AOM professional ethics, liability and risk by examining real cases. In the sensitive field of health care, a misconduct complaint or lawsuit is not always a result of a practitioner’s bad behavior or judgment. Experienced and careful practitioners routinely find themselves facing the prospect of damaging professional disciplinary actions or litigation because they failed to utilize effective risk management strategies. This course will provide practitioners with effective risk management strategies.

Topics covered will include:

-Overview and emerging trends of risk for alternative health care providers

-Avoiding common ethical pitfalls for well-intentioned practitioners

-The correlation between NCCAOM and state misconduct complaints

-The relationship between litigation and ethical complaints

-In-depth analysis of real cases

Presenter: Michael Taromina, Esq. has an extensive background representing and educating Acupuncture and Oriental Medicine practitioners, institutions, organizations and students. As the Chair of NCCAOMs Professional Ethics & Disciplinary Committee he co-drafted the Code of Ethics and Grounds for Discipline and oversees the adjudication of misconduct cases from all over the country. As legal counsel to New York State Acupuncture Coalition (NYSAC) he has served an integral role in the drafting and lobbying effort to amend the New York State Acupuncture statute. He is also a Public Board Member (Alternate) of AAAOM and legal advisor to AAAOMs Herbal Medicine Committee, NCCAOMs Regulatory Affairs Task Force, TCM World Foundation, Acupuncture Society of New York (ASNY) and Chinese Medical Science Foundation (CMSF). As a faculty member, Michael has designed and taught courses in health law, biomedical ethics, liability and practice management at Touro Colleges Graduate Program for Oriental Medicine, Pacific College of Oriental Medicine, Tri-State College of Acupuncture, New York College of Health Professions, Eastern School of Acupuncture & Traditional Medicine, Swedish Institute College of Health Sciences and Mercy College.

Acupuncture Today NYSAC Article

Article about New York State Acupuncture Coalition efforts published in March issue.

On-Line article here.
PDF Link here.

ASNY Annual Meeting

ASNY Annual Meeting

December 9th, 2007, 4-5PM at PCOM

ANOTHER MICHAEL TAROMINA ETHICS CLASS!!!!

ANOTHER MICHAEL TAROMINA ETHICS CLASS!!!!

If you missed the last one- make sure you come to his one!

December 13, 2007 @ Pacific College Of Oriental Medicine in Manhattan, 915 Broadway, 6-10:30pm

NYSAC Ethics and Liability in Acupuncture and Oriental Medicine – CEU Fundraiser presented by Michael Taromina, Esq. (4 CEU Credits/PDA Points) NCCAOM Provider #: ACHB 631-001

100 % of PROCEEDS GO TO THE NYSAC LEGISLATIVE INITIATIVE
Licensed Acupuncturist: $75
Students with school ID: $25

To Register: Email your name, address, phone number to nysacupuncture@gmail.com.

Payments are accepted via paypal on our website or you can register through PCOM and check can be sent to:

Michelle Helfner
ATTN: NYSAC
140 East 52nd Street
New York, NY 10022

For additional information contact Michelle Helfner 917-992-6391.

Thank You ATCMS! – 12/9/07 Seminar

A special thanks to our friends at American TCM Society- they have offered to generously contribute the net proceeds of the seminar noted below. Please sign up and support two good causes!

ATCMS is pleased to announce an exciting seminar on Dec. 9, 2007, entitled “How to Diagnose and Treat Neck, Shoulder, Elbow and Wrist Diseases” and “Introduction to Diagnostic Radiology/Medical Imaging Techniques”.

How to Diagnose and Treat Neck, Shoulder,
Elbow and Wrist diseases – the role of TCM
by Jun Xu, M.D., L.Ac.

Introduction to Diagnostic Radiology/Medical Imaging Techniques
by Xiaojiang Hu, M.D.

Date and Time: 12pm to 5pm on Sunday December 9, 2007

NCCAOM CEU: 5
Fees: $60

Location:
Sheraton LaGuardian East Hotel
135-20 39th Ave. 2nd floor (Phoenix Terrace)
Flushing, NY 11354

Due to limited seats, pre-registration is required. Please send your contact information to “education@atcms.org” if you decide to attend the seminar.

October Town Hall Meeting – 10/14/07 – PCOM 3pm

October Town Hall Meeting Reminder!

Sunday October 14, 2007 @ 3:00 PM

Pacific College of Oriental Medicine 915 Broadway & 21st Street, 2nd Floor New York NY 212.982.3456

These meetings are an opportunity to gain information, show support for the profession & find out ways to get involved.

OUR THANKS TO…

A special thanks to Michael Taromina, all of the attendees and the folks at PCOM for making our fundraiser class Ethics and Liability in AOM a great success. We had a full house and look forward to more running more successful fundraising classes.

Keep checking the web page for details of new events.

NYSAC Taromina Ethics CEU

Mark on your calendars!!!

October 1, 2007 @ Pacific College Of Oriental Medicine in Manhattan, 915 Broadway, 6-10:30pm

NYSAC Ethics and Liability in Acupuncture and Oriental Medicine – CEU Fundraiser presented by Michael Taromina, Esq. (4 CEU Credits/PDA Points) NCCAOM Provider #: ACHB 631-001

100 % of PROCEEDS GO TO THE NYSAC LEGISLATIVE INITIATIVE
Licensed Acupuncturist: $75
Students with school ID: $25

To register click to open this Registration, fill it out and send it to:

New York State Acupuncture Coalition

ATTN: Michael Jabbour
250 Fifth Ave
Suite 507
New York, NY 10001

or Email your name, address, phone number to nysacupuncture@gmail.com.

Payments are accepted via paypal simply click on the “chip-in” button to the right or mail the registration form and check (payable to NYSAC) to the address listed above.

For additional information contact Michelle Helfner 917-992-6391.

Final Federal Rule on Dietary Supplements Released:

June 22, 2007

Final Federal Rule on Dietary Supplement cGMP Released:

http://www.fda.gov/OHRMS/DOCKETS/98fr/cf0441.pdf

http://www.fda.gov/OHRMS/DOCKETS/98fr/oc0790.pdf

http://www.cfsan.fda.gov/~dms/dscgmps6.html

July Town Hall Meeting

Sunday July 15, 2007 @ Pacific College Of Oriental Medicine in Manhattan, 915 Broadway 5:00 PM

Taromina Publication about NYSAC in Harmony Spring 2007

Michael Taromina, Esq. published an article in the Spring 2007 Harmony volume of TCM World regarding herbal legislation in New York.

Attached Article (PDF)

New York State Acupuncture Board Presentation

Dear AOM Colleagues:

This is an update from the NYS Acupuncture Coalition. The legislative initiative to include herbs in the scope of practice is going strong. The Coalition wishes to work in an inclusive manner and would like to facilitate communication wherever possible. The goal is to send an email update biweekly.

The most recent event was a presentation to the New York State Acupuncture Board in Manhattan on Friday June 1, 2007.

The NYS Acupuncture Board is an official arm of the New York State Education Department. Every licensed profession in New York State has a Board. The current Executive Secretary is Mr. Larry De Mers. The Chair of the Board is Peter Dubitsky, LAc and Vice Chair is Yemeng Chen, LAc.

Part of the legislative process in Albany involves the State Education Department being asked for an opinion on any Bill that effects one of the licensed professions. When the State Education Department is officially asked for an opinion it is customary for the Board of that profession to participate in information gathering and dialogue to support the State Education Department in handing down an opinion to legislators. As such it is important for the Board to be as informed as possible about the legislative effort we are undertaking. It is important to keep good communication with the Board as the process moves forward. This enables the members of the Board to be up to date and able to have an informed discussion about the legislative effort to include herbs in the LAc practice act. It also gives a favorable and supportive opinion to the administrators of the State Education Department, which can be passed on to the legislators.

As part of preparing a professional-looking presentation for the meeting with the Board, a binder packet was assembled. The packet included about 20 letters of support from state and national organizations. These included professional organizations, alumni organizations, NYS AOM schools, Chinese herb growers and suppliers, and national certifying bodies. The letters are impressive. The packet is impressive. To view the packet go to the website at www.nysacupuncture.org.

The organization and preparation of the binders was done with fervor and passion over Memorial Day weekend by members of the Steering Committee and spearheaded by Michelle Helfner, recent AOM grad of Touro and Michael Jabbour, current AOM student of Touro. They were supported by members of the Touro student body and faculty.

The meeting was attended by members of the NYS AOM community as well as members of the NYS Coalition Steering Committee.

The speakers to the Board were Dr. Mark Seem of the Tri-State College of Acupuncture. Dr. Seem read a statement prepared by a consortium of NYS AOM schools regarding the training and practice of Chinese herbology in New York.

The NYS Coalition was skillfully represented by Mr. Michael Taromina, ESQ, legal consultant to the Coalition. Mr. Taromia persuasively presented the legislative goals and explained the reasons for these goals to the Board. Mr. Taromina concluded his presentation with a request for Board support for the update to the LAc practice act when they are asked for an opinion from the State Education Department and Albany legislators.

Kathleen Golden, M.S, LAc, Steering Committee member, impressed upon the Board the importance and timeliness of this project and entertained questions and concerns from members of the Board regarding the legislative initiative.

Both Mr. Taromina and Ms. Golden made the point to the Board that the Coalition is a consensus-building and broad-based effort by the LAc profession to update the practice law in NYS. The evidence of this was the cross section of AOM community members present at the meeting. Present were: current students from the AOM schools of Touro College, Pacific College and Tri-State College, school administrators Gina Lepore and Wendy Matus from PCOM, PCOM Alumni Association President Jeremy Pulsifer, Michael Gaeta, Past President of ASNY, as mentioned, Mark Seem President of TSCA, and a handful of practicing acupuncture and Oriental medicine professionals.

The meeting went very well and the profession was represented in a polished, cohesive and professional manner. This was a successful group effort; and an impressive first brush with Albany on the legislative initiative.

Since the June 1 meeting the presentation packets prepared for that day have come in very handy for our lobbyist David Carroll in his presentation to legislators in Albany. As always, it is important for members of the profession to stay connected, check the website and PLEASE make a financial contribution to the effort. Thus far we have paid our lobbyist for 2 months of work and the July bill is just about due. In addition, we have paid professional Bill writers to work on the language of the Bill. To see the amazing and professional job they did with the language of the draft look on the website. The effort needs financial support, make a donation via the website at www.nysacupuncture.org. We must pay the lobbyist to continue to pursue our goal.

The next Town Hall/fund-raising meeting will be held on July 15 at:
Pacific College of Oriental Medicine – 915 Broadway @ 21 St., in Manhattan, to begin at 5:30 PM

Please plan to attend and bring a friend from the NYS AOM Profession.

Your Colleagues, The NYS Coalition Steering Committee

Press Packet – June 2007

A new press packet has been released in the form of two packets. One containing a summary of what we have done so far including research and support letters. The other packet is just the 18 letters of support we have received from national, state, and educational organizations.

http://www.nysacupuncture.org/NYASC-Public.pdf (retired – get latest here: 2008 Legislative Guide)

http://www.nysacupuncture.org/NYSAC-Support.pdf

Please contact nysacupuncture@gmail.com with any questions or concerns.

NYSAC 5/28/07 Update

Dear Members of the New York AOM Community:

This is an update from your colleagues at the New York State Coalition.

On May 20th the second town hall meeting was held at Touro College. The purpose of the meeting was to discuss the legislation for inclusion and protection of herbal medicine under the LAc license. The meeting was well attended. Once again we garnered support from many members of the community, including practitioners, students, professional organizations, and schools.

We brought everyone up to date on the Coalition’s activities, including the following developments:

*The original lobbyist discussed at the February meeting became
unavailable to the Coalition, so the members of the Steering Committee had to research and identify a new lobbyist. The search lead to Mr. David Carroll of Northeast Government Consulting (see www.ngclobby.com). Mr. Carroll is motivated, enthusiastic and already hard at work. This week he submitted our preliminary language to professional bill drafters for review. He also held numerous meeting with contacts in Albany on behalf of our legislation. He is working to get us a bill number by the end of the legislative session.

*Our original lobbying day, planned for April, was postponed due to need to find new representation. Now, with David Carroll’s support, we are looking to reschedule that day for some time after the summer break. We will let you know as soon as the date is finalized.

*The State Board for Acupuncture is meeting on June 1. At this time the Steering Committee will make a formal presentation to the Board, to seek support for our initiative.

*After the bill is numbered we can all begin to visit legislators in their home offices to make contact, inform them of the bill, and ask for support and favorable passage once the bill is presented for vote.

We are building and learning as we move along. It is important to stay connected in the process. Feedback from the May 20th meeting indicates the importance of inclusion and communication. Look for regular email updates and more consistent follow up in the months to come. Also, we understand the need to provide time and room for dialogue—our next general meeting will be organized to encourage open discussion and dialogue.

Thank you for your continued support as we move forward toward achieving
our legislative goals.

Best wishes for the Memorial Day Holiday.

With kind regards,

The Steering Committee of the New York State Acupuncture Coalition

Upcoming Town Hall Meeting! – May 20th, 2007

Sunday May 20, 2007 @ Touro College in Manhattan, 27 West 23 St. off 6th Ave. 6th floor, 4:30 PM

Dear AOM Colleagues:

In February 2007 The NYS Acupuncture Coalition sponsored a Town Hall meeting at Touro College to put forward to the professional community a legislative proposal that seeks to protect the use of herbal medicine within the acupuncture license. The proposal met with tremendous support from the community. This includes seasoned practitioners, new graduates, students, Chinese herb growers and suppliers, AOM professional organizations and schools.

There followed from the meeting continued outreach and communication efforts. To this end a question and answer session was held at the Pacific College of Oriental Medicine in March, which was well attended. A meeting in Long Island is in the planning stages and a follow up meeting in Manhattan will be held on May 20th. The Steering Committee has continued to hold weekly conference calls and to respond to issues as they arise.

Legislative initiatives require patience, tenaciousness and a commitment to keep the focus on the proposed goal. This requires a commitment over the long term and to see the Bill go through it’s many stages, over multiple legislative seasons. The initiative is still active alive and kicking. IT NEEDS YOUR SUPPORT.

If you wish to see this goal achieved attend the meeting, bring a colleague and if you can not make the meeting: make a financial contribution to pay our lobbyist. If the profession wishes to achieve the benefit of legal acknowledgment of it’s herbal work, financial support is a requirement. You can do this at the meeting or on the web site @ www.nysacupuncture.org.

Please join members of the New York Acupuncture/ Oriental medicine community and the Coalition Steering Committee

Sunday May 20, 2007 @ Touro College in Manhattan, 27 West 23 St. off 6th Ave. 6th floor, 4:30 PM

This is a follow up meeting to continue to chart the course for the achievement of legal, inclusive and protected use of herbal medicine for the licensed acupuncturist in New York State.

Trip To Albany Update

Since the folks up in Albany are very busy working on the State Budget right now, our bill number has been delayed. The April 24th date needs to be rescheduled, the new date is currently pending. As soon as it is available, we will post on the site and send out an email. Thanks to everyone that was planning on joining us in April and stay tuned for the new date! If we don’t have your email address please email us at nysacupuncture@gmail.com we can keep you up to date.

Updated Frequently Asked Questions

We have updated our Frequently Asked Questions.

They are posted here: nysacupuncture.org/about/faq

ASNY Scope of Practice Consensus

ASNY Scope of Practice Consensus

To Our Fellow New York State Practitioners of Chinese Medicine:

First, we want to thank those of you who returned our recent poll. We studied every response, and gave particular consideration to the comments many of you added to the space provided for additional feedback. The raw data minus comments and names are available at asny.org/poll.xls. The results from over a hundred responders make it clear that our profession has diverse opinions concerning the herbal scope of practice issue. However, from some of your comments, it is clear that there is a misunderstanding of the ASNY board’s position on this issue. We apologize for that and seek to change that now.
ASNY and the Coalition are in full agreement on the legislative objectives regarding the addition of herbs to our scope of practice as stated on the New York State Acupuncture Coalition (NYSAC) website (nysacupuncture.org) As you may well know, currently the use of herbs is legally unregulated and unrecognized by the State of New York. Anyone at all can recommend herbs. What we all desire is to acquire legal protection for the use of herbs for our profession.
The ASNY board is keenly aware of the professional reality involving the differences between the practice of acupuncture and the practice of herbology. We are aware of the differences in training and the fact that acupuncturists have limited academic exposure to herbs within the formal educational environment. In no way is ASNY suggesting or encouraging untrained acupuncturists to use or recommend herbs to their patients. Yet we also recognize that some—perhaps many—have additional training in herbs, some through outside classes and distance learning coursework, some through apprenticing, and some through self-study. We are not suggesting acupuncturists use herbs outside their knowledge base, just that they should be in our legal scope of practice. For this reason we are in support of including “ready made” herbal formulations in the legal scope of practice for the acupuncturist. Any custom made herbal formulas or modifications to standard formulas demand a high level of training. ASNY supports the requirement of additional training and the completion of the NCCAOM Diplomate in Oriental Medicine.
ASNY has an important asset in the fight ahead, our talented lobbyist, Tim Sheridan. Mr. Sheridan was instrumental in getting ASNY’s initial licensure bill through the State Assembly in 1991. He is an expert in maneuvering through the political intricacies in Albany and has been on retainer with ASNY for over fifteen years. In his opinion we face two major challenges: we are two critical votes shy of being able to get ANY legislation out of the Education Committee and onto the floor of the legislature for a vote. Another hurdle will be the AMA (American Medical Association), which has a multi-million dollar war chest designed to defeat any increase in scope of practice of any CAM profession, anywhere in the U.S. We’ve been told that the AMA has earmarked at least $25,000 to New York State for such a battle.
As a tactic for success, we need to ask for more than we want. As our lobbyist states, “If you want five you must ask for ten. Every health profession will have their hands on the bill and each will want to cut out that which is important to them. The AMA, the chiropractors, the naturopaths, the dentists and the podiatrist and physical therapists will all comment and try to alter the bill. The more you include the more you have to bargain with.”
And, most importantly, to win against such strong adversaries requires your help, too. As such, we ask that each of you remain current in your membership, and if it has lapsed, renew immediately through asny.org. Only through strength and unity can we succeed.
We welcome your continuing feedback on this important and complex issue. As your board, our role is to act as leaders and representatives of the profession. However we also try to represent the views of our constituent members. To effectively act as your voice, we must continue to communicate. Please feel free to reply with any comments.

We thank you for your continued support as we strive to do what is best for our profession.

The ASNY Board

Press Release – Town Hall – 2/11/07

New York Stat Acupuncture Coalition Town Hall
Press Release – 2/11/07

On Sunday, February 11, 2007, the steering committee for the New York State Acupuncture Coalition, hosted a town hall meeting at Touro College to discuss proposed changes to the scope of practice for licensed acupuncturists in the state. The meeting, organized by steering committee member, Kathy Taromina, MS, Lac, brought together over 100 people, including practitioners, students, representatives of state and national organizations, herbal growers and suppliers, and interested members of the general public.
Kathleen Golden, MS, LAc, steering committee member, welcomed everyone and introduced the distinguished assembled panel. She gave a history of acupuncture regulation in the state and detailed the contributions that went into the scope of practice initiative.
Michael Taromina, Esq., steering committee counsel, outlined the proposed legislation, which includes the following:
1) language to amend the current acupuncture law to encompass the practice of herbs
2) proposal to include a mandatory continuing education provision to bring acupuncture professional standards in line with other medical providers and many other licensed professions in the state. The proposal includes a CEU requirement of thirty six hours per three years licensure term.
3) setting the acupuncturist membership of the state acupuncture board to the same ratios as other professional boards and
4) allowing for visiting faculty to practice within an educational context.
Following the presentation of the proposed legislation, distinguished panelists from the acupuncture and Oriental medicine field discussed the proposed legislation. Those participating included Yemeng Chen, LAc, president and academic dean of New York College of Traditional Chinese Medicine and official representative of TCMAA; Jean Giblette, Director of High Falls Gardens; Thomas Leung, owner of Kamwo Chinese Herbal Pharmacy; Marilee Murphy,LAc, RN, dean of acupuncture and Oriental medicine at New York Chiropractic College and steering committee member; Steven Schram PhD, DC, LAc, representing the board of the Acupuncture Society of New York; Betsy Smith, associate deputy director for legislative and state issues at the National Certification Commission for Acupuncture and Oriental Medicine Elaine Stern, LAc; and Kejian Xiao,MB, LAc, faculty member, Touro College.
After the panelists concluded their statements, steering committee member Megan Haungs, MS, LAc, LMT, mediated an audience discussion of the proposal. Comments included support for the proposal, questions about the continuing education requirement, and a discussion of the proposed educational requirements for practitioners recommending custom-made herbal formulations.
Taking the floor again, Taromina asked the attendees for a show of applause indicating their support for going forward with the proposed legislation as it now stands…and the response was an overwhelming show of support for the initiative.
Golden then outlined the next steps to be taken, including letter writing and political outreach. A community-wide trip to Albany is planned for Tuesday April 24th.
The meeting was a historic moment for the acupuncture and Oriental medicine profession in New York State and was especially notable for the across-the-board agreement among practitioners, students, alumni associations, schools, and numerous state associations to move forward with the initiative.
For more information on the Initiative please visit nysacupuncture.org.