(
41
).
All 50 states do provide licensure requirements for chiropractic, but only approximately half do so for acupuncture and massage therapy, and fewer do so for
homeopathy and naturopathy. Only Connecticut and the state of Washington license all five of these provider types.
Table 2.6
lists licensure status for the top CAM
professions in the United States as of 1998. In England, only physicians are licensed to practice medicine, but other practitioners and patients can engage in other
therapies without legal restraint. Special classifications of alternative medical practitioners also exist in Germany, France, Australia, and other countries. In many
Asian countries, full licensure and regulation of traditional practitioners occurs. In many developing countries, no regulation of such healers exists. Because the
situation is constantly changing and varies from country to country and state to state, physicians should contact their own country or state licensing authorities for
current information.
Table 2.6. Licensing Status of CAM Professions by United States and Its Jurisdictions
Many CAM organizations have requirements for membership that include some aspects of formal training, defined tutoring or mentoring internships, and testing.
Although not equivalent to medical doctor licensure and board certification, these requirements represent an attempt to set standards,
set scope of practice, and
identify more credible and competent practitioners.
Therefore, the establishment of a CAM referral network may be more subjective than that for conventional medical referrals. In addition to informal discussion with
physician–colleagues, other patients may be a helpful source of information. When a referral is made, direct follow-up with the patient to assess clinical outcomes will
provide additional information. As with physician referral, it is appropriate to expect a direct follow-up report from the CAM provider with details as to plan of care,
defined goals of
treatment, and a time line for results (
42
).
Reimbursement
In some countries (e.g., England and China), many CAM products and some practices are included under the national health insurance systems. In other countries
(e.g., Germany), a combination of government health benefits and private insurance covers CAM benefits under conditions of special patient evaluation and follow-up.
In the United States, an increasing number of third-party payers now reimburse for some CAM interventions. This is a result of patients' desire for such services and
employers responding to their employees' requests to do so as a benefit of the workplace. Thus, to be competitive in the marketplace, the third-party payer, such as a
managed care company, agrees to provide a rider for some CAM modalities. Also, government health care support services are increasing their coverage of CAM, so
the physician is likely to see such services available to a wider range of patients than currently exists (
43
).
Reimbursement can carry the imprimatur that: 1) CAM professional standards are in place; 2) there are appropriate indications for its use; 3) there is a favorable
risk–benefit ratio in its application; and 4) the intervention is clinically efficacious and cost effective. Important operational issues must be established before affirming
that these conditions exist. This includes establishing an authoritative panel of experts who will create criteria for: 1) appropriate referral and use; 2) cost and clinical
effectiveness; 3) audit; and 4) determination of liability. Reimbursement is then based on a service done by payer-accredited providers. A provider can be a CAM
provider, but also can be a physician provider who is trained in a CAM modality (
44
).
Reimbursement also can result in the creation of protocols and plans of care for specific diagnoses that require shared responsibility between conventional and CAM
providers. Such an integrated health plan assumes that both medical doctors and CAM providers understand each others'
performance standards, share the same
outcome goals for the patient, will be responsible for and responsive to monitoring and evaluating the treatments being given, and will work together in respectful and
cooperative tandem. Given the level of antipathy that can exist between CAM and conventional groups, it is not certain that this cooperative venture can and will
happen, although many groups are moving toward developing such integrated models of practice.
Liability and Regulatory Considerations
As the physician begins to address CAM in his or her practice, it is likely that referral to CAM practitioners and use of CAM practices and products along with
conventional medical management will increasingly occur.
What risks does the practitioner take in beginning to address and use CAM alongside conventional practice? Is there an increased risk of malpractice or medical
board action and scrutiny? The development of legal and regulatory issues related to integrated practice is still in its infancy, and at the same time is changing rapidly.
A more personal and communicative practice generally reduces the risk of malpractice difficulties from patients in general. A limited scope of practice can also reduce
the degree of risk. Full-time CAM practitioners have lower malpractice risk and insurance rates than do conventional physicians. However, in the legal system,
conventional practitioners who use CAM may have less protection related to scope of practice and assumption of risk. Thus, although the improved patient
communication and satisfaction that may come with an integrated practice may reduce the risk of malpractice claims from patients, liability may not be reduced if such
a claim is filed.
Studdert (
16
) has evaluated malpractice liability issues for CAM providers. He has found that, although the number of claims and the claim rates for CAM providers
are lower than for conventional providers (e.g., about one-third the rate for chiropractors than for medical doctors), the type and reasons for bringing claims against
CAM providers are similar to claims against conventional physicians: misdiagnosis, failure to diagnose, continued treatment in the face of adverse effects, overly
aggressive treatment, and so on (
16
).
Increasingly, courts have been willing to recognize school-specific standards for diagnosis and treatment where the legislature has recognized the legitimacy of the
alternative practice through licensure. Patient “assumption of risk” is often cited as the rationale for adopting this position. It is reasonable to expect that for
conventional physicians, conventional standards of care will be applied (including more stringent standards of “assumption of risk”), although there is little current
case law to confirm this.
Disciplinary action from state medical boards and country regulatory authorities may also pose a risk for physicians who decide to make CAM services available in
their own practice. Historically, use or association with CAM therapies has been a reason for professional and regulatory discipline. (The reader is referred to
Chapter
1
and
Chapter 3
for a discussion of historical and ethical aspects of professional discipline related to CAM.) Recently, some state medical boards have taken action
against physicians who incorporate CAM practices based on standard of care and prevailing practice rules. The risk of prevailing practice as the basis for disciplinary
action may decline as the awareness of wide practice variations in conventional medicine is documented, and also as states adopt laws for legal protection from such
action brought solely on the basis of CAM use (so-called
access to treatment laws). A summary of these issues and current legal precedents is available elsewhere
(
45
).
Although the risks of malpractice and medical discipline appear relatively small, the conventional practitioner is best advised to take precautions when beginning to
address CAM areas in his or her practice.
Table 2.7
summarizes these steps. Ensuring that treatment or advice for patients using CAM is above standard-of-care for
conventional medicine is wise. In addition, one should ensure that 1) competent conventional medicine (either from the physician or by referral) is provided; 2)
potential risks (both direct and indirect) are minimized; 3) some reasonable body of competent opinion or published evidence exists for the practice; and 4) all
treatments, referrals, and recommendations are thoroughly documented in patient records.
Table 2.7. Guidelines for Reduction of Malpractice and Liability Risk
It is
not advisable to rely
on more liberal strategies, such as assumption of risk by the patient, reliance on a respected minority opinion only, use of an innovative (not
experimental) approach or rationale, or an expanded informed consent form. Although such approaches are often used for defense in conventional medicine, using
more conservative strategies with CAM is best (see
Table 2.7
), even when documented safety and efficacy data exist for the treatment. Because regulatory and
disciplinary bodies, such as state and federal legislatures, state medical boards, and the courts, have not provided guidelines in these areas, the true risk is unknown,
and the aforementioned points should be taken only as suggestions. A detailed summary of the legal issues surrounding CAM practice in the United States is
available in a recently published book by Cohen (
45
); these issues are summarized in a chapter in the
Textbook of Complementary and Alternative Medicine.
FUTURE PROSPECTS FOR INTEGRATED MEDICINE
We can assume that patients will continue to use CAM, particularly for the symptomatic relief of chronic and stress-related disease. Also, patients will expect to be
reimbursed for a growing number of CAM interventions. Physicians, therefore, will find themselves increasingly approached by patients who expect them to have
knowledge of and be willing to work with CAM.
Many medical schools now offer elective CAM courses (
45a
). Also, formal CAM instruction is provided by many family practice residency programs (
46
) and
increasingly in CME (continuing medical education) courses from universities. These educational approaches may result in an increase in physician referral to CAM
providers and in the learning and use of various CAM interventions by medical doctors.
Historically, the mutual resistance of both conventional medicine and CAM to work together for the benefit of the patient has resulted in name calling and the use of
pejorative adjectives. As the ethical principles of beneficence and respect for patient autonomy come to the forefront, we can hope to find that all such adjectives are
replaced
with the new term integrated health care.
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