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Targeting the Bad Apples in the Bunch
While everyone was focused on the conversion to ICD-10, the Office of Inspector General for Health and Human Services released a new report on chiropractic titled "CMS Should Use Targeted Tactics to Curb Questionable and Inappropriate Payments for Chiropractic Services."
Making Sense of an Increasingly Obvious Conclusion
Where's U.S. health care heading? Like it or not, the list of telltale signs is growing to a point that stands out to even the most myopic observer. Consider this list of facts as you look into the future of health care in the United States:
North Carolina Acupuncture Board Files Dry Needling Lawsuit
In early September, the NCALB filed a complaint against the North Carolina Board of Physical Therapy Examiners over the issue of dry needling, a form of acupuncture that uses solid needles to puncture the skin and muscle tissue to relieve pain.
Footsteps of the Sages: An Apprenticeship with Dr. Kezhan Zhang
When I met Dr. Kezhen Zhang in May 2013, I was his translator and the integrity, creativity, and passion he demonstrated as a practitioner and advocate of the medicine convinced me to travel to Beijing to study with him.
Chinese Herbs and Pulmonary Fibrosis: A Case Study
"Mary M."* recently celebrated her 90th birthday. Even the former sheriff dropped by to kiss the hand of this diminutive retired teacher, to honor the years she interpreted for him during interviews with Latinas and Latinos.
Syncretism: Acupuncture and Public Health in Cuba
"Syncretism" is defined as a union of diverse tenets or practices. On a recent trip to Cuba designed to demonstrate the integration of Traditional Medicine and biomedicine, our group witnessed this union firsthand.
Omega-3 Fish Oil: An Underappreciated Element of Men's Health
As a clinician with many male patients -- and as a man myself -- I am all too aware of the fact that we like to convince ourselves that we are doing great, when that may be the farthest thing from the truth.
Designing a Fitness Plan (Part 1)
It doesn't matter if you come to my practice for pain relief, weight loss, healthy aging or something else. The formula I talk about for each patient's fitness strategy is pretty much the same.
Mechanism: Experimental Approaches to Understanding Acupuncture, Part 1
The clinical benefits of acupuncture are difficult to ignore, but also can be difficult to explain to a Western audience. For nearly 50 years, relentlessly inquisitive scientists and physicians have been working toward a conceptual model to explain acupuncture.
Too Many to Remember: Tips to Revive Your Ortho / Neuro Test Skills
When I was at Palmer in the mid-1980s, we were given a set of notes in one of our diagnostic courses. The notes covered approximately 70 orthopedic and neurological tests for various regions of the body.
Diagnose Sprain Injuries in MVA Cases With Dynamic X-Rays (Pt. 1)
Am I the only person to notice hospitals are doing a seemingly insufficient job lately in their initial radiological workup of motor vehicle accident (MVA) victims?
F4CP Making a High-Impact Impression
The Foundation for Chiropractic Progress has released details of its 2016 strategy, certain elements of which are already in play. The strategy includes ads, posters and other resources available to all F4CP members.
Tailor-Made Knee Pain: The Sartorius Muscle
A patient was referred to my office after receiving treatment from various providers with no results. The patient was training for the Olympics as a marathon runner and was unable to run or walk without severe medial knee pain.
The Modern Application of Ancient Mei Rong
Chinese Medical Cosmetology (Mei Rong) has a well-documented and venerated history dating back to the Qin (221-206 BC) Dynasty.
Your Billing Questions Answered
I hear a lot of the following questions: I am afraid I may doing something illegal. I have heard I cannot have different fees for the same service.
Which Way is the Energy Going? Are You Burning Yourself Out?
One of the simple methods that I use to define Yin/Yang theory to patients is to ask the question, "Which way is your energy going?"
Dietary Fat and Prostate Cancer: An Important Update
K.M. Di Sebastiano and M. Mourtzakis published a review paper examining the role of dietary fat on prostate cancer development and progression late last year that does a stellar job of summarizing the available data on fat and prostate cancer.
One Size Does Not Fit All: Exercise and Nutrition According to Your Yin/Yang Body Type
There are countless new exercise and nutrition plans out there, emphasizing the latest ground-breaking research and claiming to revolutionize the way we view health.
It's Time to Review
It is amazing to see the changes that are occurring in the acupuncture profession. Let's look at some of the news and events that have contributed to this growth and awareness.
Acupuncture Rising: From Acupuncture Anesthesia to Assisted-IVF, Part 2
Acupuncture's cultural and historical roots go back to the emergence of Chinese civilization. For more than 2,000 years, acupuncture needling has been continuously practiced on the largest population in the world.
The Concussion-Subluxation Complex
In the Aug. 1, 2014 issue of Dynamic Chiropractic, I reviewed some of the literature demonstrating the role of the chiropractic adjustment in post-concussive care.
Acupuncture and Oriental Medicine in the West
We know acupuncture and Oriental medicine as the indigenous medicine of East Asia; in particular China, Korea and Japan are the countries of origin of this wonderful healing system.
Pro-Con: Swaddling for Newborns
The practice of swaddling has been used for thousands of years and was popular until the 1700s, when it was slowly abandoned by many cultures that considered it old-fashioned or barbaric.
November, 2003, Vol. 03, Issue 11
COMTA Hit With Lawsuit, AMTA Faces New Allegations
By Rebecca J. Razo
In November 2002, Massage Today reported that The Galen Institute in Wethersfield, Conn., had filed a lawsuit against the Commission on Massage Therapy Accreditation (COMTA) for misconduct during the institute's pursuit of COMTA accreditation (www.massagetoday.com/archives/2002/11/05.html).In a recent development, the institute announced its expansion of the lawsuit to include the American Massage Therapy Association (AMTA) and an unnamed Connecticut massage school as co-defendants, claiming the school conspired with the AMTA and COMTA to form a monopoly in violation of antitrust laws.1
Galen Institute is owned and operated by Jim Lattanzio, who, earlier this year, formed the National Organization for the Advancement of Massage, Schools and Educators (NOAMSE), an organization comprised of massage school owners and educators who do not agree with the accreditation standards set forth by COMTA.
Now, one of NOAMSE's affiliates has come forward and filed a lawsuit against COMTA, naming the AMTA, COMTA and COMTA Executive Director Carole Ostendorf as co-defendants, and alleging the organizations have engaged in illegal business practices. The Council Overseeing Medical and Massage Therapy (COM &MTA) in Olathe, Kan., is a massage school accrediting agency formed earlier this year by Chris Folkers. In the nine-count brief obtained by Massage Today, COM&MTA's allegations include fraud, coercion in an attempt to convert, defamation, violation of antitrust and trade acts, false advertising, interference and conspiracy.2
COM&MTA filed its lawsuit after being contacted by COMTA and AMTA. According to the lawsuit, COM&MTA was informed it had "illegally infringed on the certification marks 'COMTA' and 'Commission on Massage Therapy Accreditation.' " COMTA and AMTA then attempted to force COM&MTA to cease using the name and acronym.
COM&MTA challenged the accusation, demanding proof that COMTA held certification and trademark ownership. According to the brief, however, COMTA "attempted to fraudulently mislead the [COM&MTA] as to a U.S. trademark ownership of certification mark."2
"In June, COM&MTA was legally formed," Folkers said. "A search of the United States Trademark and Patent Office was done, and at that point, there was no application from the AMTA [for COMTA] on file."3
The AMTA and COMTA disagree. "The AMTA name is trademarked and we have also received and/or applied for other trademarks, service marks and certification marks associated with AMTA," stated a letter from the AMTA national board of directors to AMTA chapter presidents. "One of the names we protect is the Commission on Massage Therapy Accreditation."4
According to Lattanzio, the COM&MTA and NOAMSE have been unfairly attacked because of their joint desire to accredit schools that have been excluded by COMTA. "An accrediting agency should be able to evaluate any school [that is] legitimate and has an outcome-based education," Lattanzio said. "COMTA says it assures quality and excellent education, and quality of massage therapists, [but] a quality student cannot be guaranteed by COMTA."1
Folkers agrees. "The establishment of [COM&MTA] was due to a growing need for a more logical and common-sense approach to accreditation. The current assumption that a national standard exists is a fallacy," he said. "One of the primary objectives [of COM&MTA] is to give schools a choice. [Having] only one primary accrediting agency choice could lead to bias, corruption, and destruction of businesses and other overt acts," he added.3
COM&MTA's evaluation of massage schools for accreditation are based on local standards, which allow schools to be evaluated on their own merits, and is logical, as far as Lattanzio is concerned. "There are no industry standards. Everything from 'A to Z' exists as far as massage therapy is concerned; if there are no standards, how can an organization declare a standard? COMTA's standards seek to exclude rather than include," he remarked.1
In a letter mailed to massage school owners and directors, COM&MTA clearly stated its position related to accreditation: "We believe that all legitimate schools, through a reasonable process, should have an opportunity to participate and achieve validation and accreditation. As state, local laws and regulations vary so much and usually establish what schools teach, school owners, directors and educators should not be forced to adopt, in the name of being 'legitimate' any set of artificial standards."5
Lattanzio and Folkers also believe that COMTA is not living up to certain obligations under its U.S. Department of Education (USDOE) recognition agreement. "They do not effectively monitor their member schools, which is one of the requirements under their USDOE recognition," said Folkers. "The COMTA application [to the USDOE] misrepresents their intention," added Lattanzio.1,3
One of the USDOE standards for recognition requires that "the [accrediting] agency must demonstrate that its standards, policies, procedures, and decisions to grant or deny accreditation are widely accepted in the United States by (a) Educators and educational institutions; and (b) Licensing bodies, practitioners, and employers in the professional or vocational fields for which the education institutions or programs within the agency's jurisdiction prepare their students."6
But Lattanzio disputes that AMTA and COMTA standards are widely accepted. "It makes me question how they represented themselves to the U.S. government," he said.1
Lattanzio also noted that two other organizations use the name "COMTA" - the Canadian Orthopractic Manual Therapy Association and a computer furniture manufacturer - neither of which has, to his knowledge, been singled out by the AMTA or COMTA. "Why hasn't Canada been targeted?" he asked.1
Massage Today contacted the AMTA and COMTA Executive Director Carole Ostendorf. "I've been advised by counsel not to respond," Ostendorf said.7
However, AMTA President Brenda L. Griffith issued the following statement:
Folkers sums up his feelings this way: "Presently, many schools out there will never meet and live up to the criteria for accreditation, either due to course hours or financial restraints. This puts these schools at a disadvantage when prospective students read from other agency Web sites that accredited schools are better than nonaccredited schools. The real questions are: Does the school accomplish its objective in training a competent therapist? Is this newly trained individual able to meet the standard for practicing in his or her local jurisdiction? Accreditation is a validation process. The COM&MTA offers schools a more realistic approach to this validation process. It's available to all schools. [COM&MTA] has stated it before: If we cannot accredit your school or program, your funds will be refunded. Tell me, who else offers that?"
If nothing else, this situation proves one thing: The massage profession remains divided on crucial issues relating to education, licensure and the overall direction in which the profession is headed. Look for updates on this situation in future issues of Massage Today.
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