Reaction to the Article on Acupuncturists Prevailing at the Court of Appeals

OPINION -- First, the board does not consider this a crushing defeat, it was a very lengthy and difficult decision to make, the OBCE only came to this decision after serious consideration and the interpretation of our statutes that states the following.

 684.010 Definitions. As used in this chapter:
      (1) “Active senior” means a person who:
      (a) Is licensed under ORS 684.054;
      (b) Is at least 60 years of age; and
      (c) Has been in practice for 25 years or more.
      (2) “Chiropractic” is defined as:
      (a) That system of adjusting with the hands the articulations of the bony framework of the human body, and the employment and practice of physiotherapy, electrotherapy, hydrotherapy and minor surgery.
      (b) The chiropractic diagnosis, treatment and prevention of body dysfunction; correction, maintenance of the structural and functional integrity of the neuro-musculoskeletal system and the effects thereof or interferences therewith by the utilization of all recognized and accepted chiropractic diagnostic procedures and the employment of all rational therapeutic measures as taught in approved chiropractic colleges.

Please pay attention to section (2) b, the very last 3 lines.

Following the understanding of our ORS, we decided to accept dry needling as part of our scope.

The court interpreted that (2) a, had to be establish as a priority over (2) b and therefore decided that the utilization of needles for trigger point release was not within our scope.

Now we have a ruling and we can make the needed adjustments (no pun intended)

Second

Executive Director McTeague is not retiring due to this ruling, he is retiring because he can, he has serve the OBCE for 18 years with excellence. The OBCE will miss his knowledge and expertise, his shoes will be difficult to fill.

 Third, the leadership of the board was Dr. Ann Goldeen D.C., at the time president of the board. The OBCE is a member led organization, Mr. McTeague works for the board.

Fourth, this was not a patient safety ruling, this was an ORS interpretation ruling. Chiropractors scope of practice covers procedures like minor surgery and OB/GYN. These involved much more skilled knowledge then inserting a filament needle in the belly of a muscle spasm.

Fifth we asked for an extension because we needed a little bit more than the allotted time to review the ruling with our attorneys and the other parties involved, we concluded that even if we disagree with the court's decision we understand and accept the process. The question was asked and it was answered. Your expression "crushing defeat" implies some personal pain, this was simply a request the OBCE members had to rule on, it is  one of many we have to deal with, nothing more, nothing less. There was not an emotional component or hidden agenda in our ruling.

Last, just to clarify, our ruling was mainly based on the consideration that dry needling is a recognized chiropractic modality in other states, it is taught in accredited chiropractic colleges and chiropractors get more than enough training in diagnosis, anatomy and clinical evaluation to utilize the technique safely.

Let's be honest here, for the acupuncturists this was never a patient safety issue, the leaders of the OAAOM are well educated and know very well that the safety of patients was not at play. To the OAAOM it was about turf and the protection of their scope. The board understood their position and respected it.

Daniel Cote. DC, has been in practice in Silverton for more than 15 years, and has been serving on the chiropractic board since 2010 and as the president since January 2013. He also serves as a director on the National Board of Chiropractic Examiners.