The Office of the Professions and the State Board for Acupuncture are concerned about a number of issues affecting acupuncturists. This letter is meant to assist you in your practice and to highlight some of the potential pitfalls that should be avoided. Please note that the information provided is meant to be used as a general guide to good practice. Practitioners should consult the Education Law and Regents Rules when they have specific questions relating to professional misconduct.

We have received a number of questions about "no-fault clinics." These facilities are said to provide numerous services to a given patient in the course of one visit. The patient spends a few minutes with each licensee, and the insurer is billed for multiple services. This practice raises a number of issues:

• All licensees should strive to provide the highest quality of care. Providing abbreviated or ineffective treatment could lead to charges of unprofessional conduct if such services are determined to be negligent or incompetent services.
• Elements of good practice should include assessing each patient's condition before you begin a treatment. Appropriate records, for each patient visit, may include your findings after evaluating the patient as well as your notes relating to the patient’s treatment.
• Education Law requires that you and your patient sign (in duplicate) a form that indicates that you advised the patient of the importance of seeing a licensed physician for his/her condition. Every patient record in your files must contain a copy of this form, and the patient should be given the other copy.
• It may be inadvisable for acupuncturists to accept payment from their employer on a "per patient" basis because this practice may lead to the provision of inadequate care. This may be especially of concern when the nature and extent of services vary from patient to patient such that the practitioner becomes overwhelmed with more conditions to treat than time allows. Providing substandard care on multiple occasions may lead to charges of professional misconduct.

There are corporate practice issues to keep in mind as well.

• An acupuncturist may only be employed by or contract to provide licensed services to the public through certain entities including: a licensed or certified acupuncturist or partnership of acupuncturists; a Professional Corporation authorized to practice acupuncture; a Limited Liability Company or Partnership lawfully authorized to practice acupuncture; a hospital, nursing home, Article 28 clinic; or a Health Maintenance Organization (HMO).
• Chiropractors and physical therapists not licensed to provide acupuncture may not employ acupuncturists. If you accept such employment, you may be charged with professional misconduct.
• Spas and other general business corporations may not employ acupuncturists.
• Acupuncturists should not accept employment with physicians who are not competent to supervise the practice of acupuncture. In those circumstances, the physician could be offering to provide and providing services beyond his or her education, competency, training and licensure.
• Acupuncturists may rent office space anywhere they like (including in a physician's or chiropractor's office). However, they maintain professional responsibility for their own billing and may not engage in fee splitting.

As a New York State licensed acupuncturist, you are responsible for providing competent and appropriate treatment to all your patients. The Office of the Professions is committed to upholding the highest standards, and will bring disciplinary charges against licensees who violate Education Law, Regents Rules or Commissioner's Regulations.

For further information, you can contact the State Board for Acupuncture at (518) 474-3817 x100 or via e-mail at acupbd@mail.nysed.gov.