Thursday | June 26, 2008

Reaction to Town Meeting

 

On June 23rd, I attended the Board's Austin town meeting.  Present were three Board staff members, including Mari Robinson, the soon-to-be interim Executive Director of the Board.  There was one Board member, Dr. McMichel and one public District review member, Ms. Sharon Barnes. 


Essentially, Ms. Robinson asked if there were any questions or concerns and opened the floor.  There were only 38 people present.  I do not believe there were any representatives from TMA or TOMA present. 


All told, Ms. Robinson did a find job explaining the Board's position on several issues and weathered some amount of hostility from some members of the audience.  Overall, it was good PR, but not much substance from my perspective.  There were a few times I wanted to chime in and give an alternative view to the Board's position, but I keep my mouth shut for a change. 


The few things that I did find interesting were:


This fiscal year they are estimating 6900 complaints.  Of those, the Board will open more than 2500 full blown investigation. 


The Board views complaints like crime stoppers.


The Board views the fast track procedure similar to a traffic ticket.  I will write in the near future why this is a BAD analogy. 


The Board plans more town meeting in the future, and the "feed back" from these meetings will be presented at the August Board meeting for review and possible future action. 


The Board is thinking about seeking a change in the law that will require the Board to provide more notice for the ISC, but also require the doctor to respond sooner too.  For example, currently the Board only must given 30 days notice to an ISC and the doctor must provide records 5 business days prior to an ISC.  The Board wants 45 days notice and 20 days for the doctor.  I would like this, but I would like 10 more days, for 55 days, and 20 days for the doctor.  The rationale is the Board has much time as it needs to make its case, we don't have a lot of time to rebut the Board case. 


I left after about a 1hr 45min.  I had enough. 

Posted by Jon at 23:38:51 | Permanent Link | Comments (0) |

Saturday | June 07, 2008

June 6th Texas Board of Acupuncture Meeting

 

Texas Board of Acupuncture Examiners

Board Meeting

June 6 2008

 

 

Licensure Committee


Two applicants were requested to appear before the Board.


The first applicant:

  • - Failed to note his second arrest on his application
  • - Arrest was for speeding on a motor cycle, illegal lane change.
  • - Assumed it was going to be expunged by the age of 21 and forgot about it.
  • - 2 arrests showed up on DPS record.

Options:

  • - approve anyways
  • - determine ineligible
  • - Restrict License
  • - With draw, re apply with application fees

The committee voted to recommend he receive an unrestricted license.  Motion passed.


Ms. Kumbo

  • - October 2007determined ineligible to blindness.
  • - December 2007 Requested hearing
  • - February 2007 Hearing
  • - She did travel to Japan in 2006to continue her studies. She also had a reader come in for the written part of the exam (herbal)

Problems and concerns expressed by the members: 

  • - Travel
  • - Patient Selection
  • - How would she be able to tell if her area is completely sterile?
  • - How would she be able to read patients faces/ reactions? (Said she checks there pulse after every needle insertion, always in the room.)
  • - How does she distribute RX's? In the video she did not use any gloves, handed over the bag with only verbal instruction. (Claims she always gives written instruction.)
  • - How does she react, deal with patients pointing and gesturing to problem areas? (no answer)
  • - In the video, she asked the patient to let her know if there is any blood when she removed the needles. (Mr. Ho mentions that this should not be the job of the patient. )
  • - Video shows he reusing the same cotton ball - she claims again, video editing.
  • - Mr. Cline agrees the video is good- and agrees that it is not uncommon to not use gloves.
  • - She did finally explain that when it came to knowing how sterile an area was it came down to common sense. Why would a patient come in covered in paint or grease?
  • - How would she know if lids to containers got mixed up? What if there was a dead cockroach in the herbs? How would she tell?

Motion Options

  • - 3 year period of group only ( after one year she could request termination)
  • - Adaption to other techniques

Motion: Restricted

  • - 1 year supervised (check up everything 3 months)
  • - Will meet to review after one year
  • - She must not work on other blind patients when using the insertion technique.
  • - After 3 years if she complies with the restricted license it will naturally terminate.

For more on this see: http://www.statesman.com/news/content/news/stories/local/06/07/0607acupuncture.html

Board also spoke about making guidelines for future blind applicants


Board all agreed her video was good- but with poor editing.


Education Committee


  • - Brief discussion on updating visual aids (Problems with adobe)
  • - Mostly discussed hours required for license. Want to change one hour of herbal to three hours. No motion was made because of lack of urgency.
  • - 9hrs herbal, 3 hrs general = 12 total (Bah Chi?)

Discipline and Ethics Committee


  • - Appeal of a dismissed complaint and the committee went to executive session.
  • - Enforcement:
  • 1. 2 active complaints ( 3 total)
  • 2. 6 active legal cases currently being prosecuted.
  • 3. No termination requests so far in 2008.

Remainder went to Executive Session.


Full Board

  • - There are two new 2 new members, Mr. Seagal, a public member and Mr. Cline a licensee member.
  • - Dr. Patrick, Directors Report - via phone recovering from surgery. He spoke about his appreciation and retiring in August 2008.
  • - One Rehabilitation Order was considered-Basically had to do with an applicant with a medical condition, currently in remission. Should they continue to practice. Applicant must stay in treatment if they would like to continue. Order was adopted.
  • -
  • - Changes to 183 in 22 TAC:
  • o Adding bio medicine to requirements to CAE.
  • o Should transferring acupuncturists have to take state exam again when moving to a new state? ( Not sure what they finally decided, focused on evening the number of hours more than anything)
  • o Motion: to change the three strikes on your out testing policy to changed to 5 attempts, NOT eligible after 6 or more attempts.
  • o Any applicants that are over a year old are to be considered expired, not inactive.
  • o Finger Print cards? Have gone back to FP cards through the DPS, FBI and school when reviewing applicants. Cost: $42. Sent to vendor w/ DPS to show background information etc.
  • o Indefinite record keeping: Changed to 7 years. Keep clients records until age 21 or 7 years after last day of treatment. ( min of 7 yrs.)
  • o Want to add 3 hours of Herbology, and the bio medicine.

These recommendations must first be approved by the Texas Medical Board.

Posted by Jon at 19:23:29 | Permanent Link | Comments (0) |

Wednesday | June 04, 2008

Hoops to Jump Through For Certain FMGs

Under current Board rule, there are 3 types of medical schools:
(1) Acceptable approved medical school--A medical school or college located in the United States or Canada that has been accredited by the Liaison Committee on Medical Education or the American Osteopathic Association Bureau of Professional Education. [Board Rule 163.1(1)]
(2) Acceptable unapproved medical school--A school or college located outside the United States or Canada, which meet two basic criteria: (A) is substantially equivalent to a Texas medical school; and (B) has not been disapproved by a state physician licensing or education agency. 
 [Board rule 163.1(2)]
 
(3) Unapproved medical school- These are schools that are not deemed to be equivalent or been disapproved by another agency.  

 

I believe in simple solutions to these types of problems. 

 

Solution one is to deem all foreign medical schools as unapproved as we do not honestly know if all schools are substantially equivalent to a Texas school.  This is obviously not politically possible or reasonable.  So, that begs the questions, why are certain schools automatically deemed not substantially equivalent based solely due to location?  It is not fair nor reasonable.

 

Therefore, a real solution to this problem is the following: 

 

I believe we maintain the above rules as is with one simple change.  That change would be if the Board has licensed an individual from an unapproved medical school and that first person has meet the requirements required under the rules demonstrating their school is "substantially equivalent to a Texas medical school" no future graduate need do so.  It is a waste of time and resources for both the individual and Board staff.  Moreover, there is no reasonable or logical reason to require an individual to provide the Board information is already has and has approved.  There are dozens of physicians who have graduated from unapproved schools with active licenses.  There are even more who are currently residents in Texas. 

 

Having a "trial-blazer" perform the work to show someone is substantially equivalent is how the Board handles other medical schools it has not licensed from in the past.  Why not do this with schools like SABA and St. Matthews?  There are now several graduates practicing in Texas who are went to these schools practicing in Texas.  Why does each new application have to go through this if the Board has deemed their individual educational experience substantially equivalent?  It is not logical. 

 

Under the current rule, to show one is substantially equivalent, the Board require the following:

 

(B) A medical school operating outside the United States or Canada may be determined to be substantially equivalent to a Texas medical school if the medical school is designed to select and educate medical students and provide students with the opportunity to acquire a sound basic medical education through training in basic sciences and clinical sciences. The school should provide information about the school's program of advancement of knowledge through research; the school's development of programs of graduate medical education to produce practitioners, teachers, and researchers; and, the school's program to provide opportunity for postgraduate and continuing medical education, for the board's consideration. In addition, to be determined substantially equivalent to a Texas medical school, the medical school's characteristics shall include, but not be limited to, the following:
                                                                (i) The facilities for basic sciences and clinical training (i.e., laboratories, hospitals, library, etc.) shall be adequate to ensure opportunity for proper education.
                                                                (ii) The admissions standards shall ensure that the medical school has a pool of applicants sufficiently large and possessing United States national level qualifications to fill its entering class. Medical schools must select students who possess the intelligence, integrity, and personal and emotional characteristics necessary for them to become effective physicians.
                                                                (iii) The curriculum shall meet the requirements for an unapproved medical school as set forth in the "Curriculum Definitions for Course Areas Prescribed by the Texas Higher Education Coordinating Board for Determining Eligibility of International Medical Graduates for Texas Medical Licensure," as adopted by the Texas Higher Education Coordinating Board, as follows:
                                                                                (I) The basic sciences curriculum shall include the contemporary content of those expanded disciplines that have been traditionally titled gross anatomy, biochemistry, biology, physiology, microbiology, immunology, pathology, pharmacology, and neuroscience.
                                                                                (II) The fundamental clinical subjects, which shall be offered in the form of required patient-related clerkships, are internal medicine, obstetrics and gynecology, pediatrics, psychiatry, family practice, and surgery.
                                                                (iv) The curriculum shall be of at least 130 weeks in duration.
                                                                (v) There must be integrated institutional responsibility for the overall design, management and evaluation of a coherent and coordinated curriculum.

                                                                (vi) For schools that have geographically separated programs, the principal academic officer of each geographically remote site must coordinate the curriculum with an academic officer of the medical school responsible for organizing the educational program. [Board rule 163.1(12)(B)]

This is a substantial burden both on the applicant and on the school, as much of the information must come directly from the school. 

 

All I am arguing is all subsequent individuals need not show their education is substantially equivalent.  Now, they will need to meet Board rules regarding clerkships, which is somewhat reasonable.
I also do not feel that it is proper just because one state may disapprove of the education that is a reason that Texas should not allow someone to practice in our state.  The Texas Board bases no other criteria on what other state has done other than current, active disciplinary action.  There are lots of doctors who have licenses in other states what we do not permit to practice in Texas.  This rule is without merit. 
If the Board chooses to keep this rule, there are rules that provide a away around this blockade.  See Board rule 163.2(c)(4)(B). 
Posted by Jon at 10:58:20 | Permanent Link | Comments (0) |