Overview of the Texas Acupuncture Board Meeting from February 1, 2008
Licensure Committee
A public rehabilitative order was issued granting a license to an individual with a history of substance abuse and two related arrests but had been sober since 2001. The stipulations of the order required three years of drug screens, AA meetings three times per week, and independent psychiatric evaluation.
Juliana Cumbo
Juliana Cumbo is a blind acupuncturist license applicant. She had come to the Licensure Committee in the hopes of being granted a rehearing. Her request for a license had previously been denied by 3 out of the 4 members of the Licensure Committee. The request for a rehearing was granted along with her request to waive confidentiality and hold the meeting in an open session.
Mrs. Cumbo’s case had obviously drawn attention because an article discussing her situation just happened to be on the front page of the Austin American Statesman on the day of the hearing. A link to the article may be found here:
http://www.statesman.com/news/content/news/stories/local/02/01/0201acupuncture.html
A link the outcome can also be found at:
http://www.statesman.com/news/content/news/stories/local/02/02/0202acupuncture.html
The Licensure Committee was obviously concerned about the possible repercussions of denying an applicant based entirely on the fact of their being blind. But they also needed to consider the safety of the public in the hands of a blind acupuncturist. After holding an Executive session for slightly over 2 hours, they were ready to begin the rehearing.
Juliana Cumbo came to the hearing with a retinue of lawyers, disability advocates, professors, close friends, and family. Before the hearing began Mrs. Cumbo’s lawyer, David Cohen, requested that Mrs. Lin, Chair of the Licensure Committee, recuse herself from the meeting. Mrs. Lin wholeheartedly refused to recuse herself in a prepared speech.
The Board’s first questions focused on how Mrs. Cumbo practices acupuncture safely and without blood contamination.
She thoroughly explained her methods of practicing acupuncture. She diagnoses patients using the Japanese Toyohari method, which involves extensive palpation of the abdominal region. She does this in place of the traditional tongue reading method. She uses only shallow insertions of the thinnest possible needles along with non-insertive techniques that she has learned. She removes each needle one at a time and places a cotton swab directly on the insertion point as she removes the needle, and checks the patient’s pulse as well. She claims that using this method prevents any serious bleeding that may occur. She also mentioned that if necessary she could ask the patients questions as necessary regarding the color of their skin or if any of the insertion points have continuous bleeding. She also stated that if she had any reservations about her ability to care for a certain patient, she would refer that patient out.
The Board could only come up with hypothetical situations in which she might run into problems. She has treated well over 500 patients in her school’s clinic without any complaints or problems. She has passed all of her exams and graduated with a master’s degree in Acupuncture and Oriental Medicine. On top of that she has been to Japan to practice the Toyohari method. One of her instructors, Mr. Shen, was present and vouched for her educational process and ability to practice safely.
The Board expressed that they were concerned about Mrs. Cumbo’s ability to practice privately outside of an academic environment. After a prolonged and unorthodox procedure the board had finished hearing Mrs. Cumbo’s testimony and opened up the meeting to allow any public person in the audience to express their concerns or opinions. Mrs. Cumbo’s professor, the President and Vice president of Ayoma, the President of the National Federation of the Blind in Texas , as well as a concerned citizen voiced their opinions on the matter.
After another executive session the Board had finally come to a decision.
Before a motion was passed Terry Rascoe, M.D., Presiding Officer of the Texas State Board of Acupuncture Examiners, made a final statement expressing the Board’s concerns. Dr. Rascoe insured that the Board wanted to be as objective as possible in this case. So far all of the information that the Board had received dealt with Mrs. Cumbo practicing in an academic setting. The one component that the Board felt was missing was an objective and fair assessment of Mrs. Cumbo’s abilities outside of an academic setting.
Final Decision
The Motion passed was as follows. Action on Mrs. Cumbo’s application was deferred, and the expiration date and fees were extended for 6 months. Mrs. Cumbo will need to be evaluated by two independent consultants approved by the Board and Mrs. Cumbo. One of the consultants must be a licensed acupuncturist and the other may be a physician with knowledge of acupuncture. These consultants will observe Mrs. Cumbo treating one male and one female patient whom she has not previously seen. The consultants will then report their findings to the Board.
It is assumed that this type of evaluation will allow the Board to make a more informed decision on the matter.
Examination Attempt Limits
Before the meeting adjourned there was a discussion regarding examination attempt limits. NCCAOM has an attempt limit of 5, and after 3 attempts they require that proof of continuing education be submitted. The Board wants to be in accordance with the NCCAOM system and moved to have the stakeholder group look into it.
Education Committee
Continuing Acupuncture Education
Various CAE programs were discussed for approval by the Board. All classes were approved for all programs except a Biosthology course with Allen Klein, and the Physiology Approached through Numerology courses with Sharon Weizenbaum, which the Board felt that they needed more information to approve.
Biomedicine CAE Requirement
Various Board members expressed a desire for a Biomedicine CAE requirement. Some suggested keeping the required CAE at 17 hours, but instead of having 6 hours at the discretion of the licensee, there would only be 3. Others mentioned keeping the 6 free hours and raising the total amount of hours to 20. Staff advised the Board that if any new CAE requirement were to be put into effect they would have to delay it for a year to allow for these courses to be offered. No decisions were made except to have the stakeholder group look at this, but it would be reasonable to assume that a Biomedicine CAE requirement will be put into effect within the next 2 years.
Full Board Meeting
The Executive Director’s Report mentioned that any applicant who applies after January first must pass a jurisprudence exam, and that some kind learning document will be provided to applicants.
Information provided by Jon Porter, JD with Aaron Blair. For questions or concerns, please find contact information on Jon Porter at www.healthlicensedefense.com or call 512-260-6843.
