Editor's Note: The following is a brief excerpt from David Bibbey's feature article in the upcoming April issue.
In recent months, acupuncturists have reported a surge in lawsuits filed against their practices for failing to comply with a provision of the 1990 Americans with Disabilities Act (ADA); specifically Title III and its requirements for accessibly to public websites now determined to be "places of public accommodation."
By the end of January 2021, more than 100 acupuncturists in California alone had been named in lawsuits alleging ADA violations for unequal access to health care services because their public websites did not include or support accessibility programming and software for users with a disability.
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public.
When enacted, the ADA law granted accessibility by requiring businesses and government agencies to eliminate physical barriers to entering and accessing indoor spaces. As businesses and agencies evolved to include virtual spaces, compliance with the ADA has kept pace with the law's intent, which grants all persons equal access to commerce and experiences whether in-person or online.
In recent years, courts have decided "websites constitute a service of public accommodation," meaning access requires technical programming that provides equal access, use and experience for people with a disability.
These lawsuits are more common now that ADA non-compliant businesses are easily identified using a web-search. Your health care practice does not have to be personally visited to establish an ADA violation, making potential ADA violators easy and cheap to find.
Another approach to regulate the Yang Ming / Tai Yin circuit is to use an extraordinary vessel (EOV) approach. EOV treatments can be essential in a long-haul post-viral state, as they can help restore integrity to the body’s energetic system on the deepest level. Various combinations can be helpful; however, combining Chong Mai with Ren Mai is a good place to start, as it can help to regulate the gut (Chong Mai) and the lungs (Ren Mai).
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Joseph Audette, MD, MA;
Sam Audette, LAc, Dipl. OM
The NCCAOM is excited to announce the completion of its 2023-2024 Job Analysis (JA) Executive Summary report. The JA is a pivotal initiative aimed at defining the core knowledge, skills, and abilities required for competent practice in the acupuncture and herbal medicine profession. The data collected from this survey is essential for updating the NCCAOM exam content outlines at the entry-to-practice level, ensuring the certification exams are relevant, fair, and legally defensible.
As we move into the Year of the Snake, let’s embrace the snake’s deep-thinking nature and ask ourselves four important questions, all of which relate to a single journey: advocating for our medicine by educating others about its value. Now is the time for all acupuncturists to come together to strengthen the profession, share knowledge, advocate for advancement – and help more patients access you as a vital element of their whole-health care.
