Your Right to Know

An Opening Statement

By Michael A. Taromina, Esq.

An effective litigator addresses the biggest issue of the case during an opening statement. So, in this my opening address in the first issue of Harmony, I present to you the paramount issue threatening to undermine the advance of TCM in the U.S. This one issue causes and/or enlarges all of the problems impacting TCM in the U.S., e.g., insurance reimbursement/parity, herbal regulation, integration, public access, scope of practice, etc. The issue is the absence of universal state legislation governing TCM.

Here is my proposed five-step solution to the TCM community:

1. Prioritize. In order to adequately address this problem politically, every TCM representative organization/association must, without exception, place universal TCM statutory harmony on top of their agendas.
2. Organize. The most complicated obstacle in this effort is that it requires the unity of a historically divided community. Success will require that the full, undivided national weight and consensus of the entire TCM community stands behind one statute. The adopted language can borrow from the most appealing existing statutes/bills. Variations of language are acceptable so long as the core statutory components are virtually identical:

   1. Initial care freedom;
   2. Scope of practice;
   3. Range of modalities;
   4. Educational requirements (including continuing education); and
   5. Titling.

3. Nationalize. Once adopted, national TCM resources and efforts must be dedicated to introduce the statute to the friendliest states. Less friendly states will later face the overwhelmingly persuasive influence of numerous identical state statutes as well as the undeniable consensus of a growing and united international community. Farfetched as it may appear today, a concerted national effort will generate a domino effect, and within the next decade, even the most stubborn of states will find it impossible to reject the universality and consensus of this movement. (Note: Not long ago, it was farfetched to imagine the advancement of TCM to this point in the U.S. when, in most cases, it faced seemingly insurmountable opposition from the Western medical establishment.)
4. Internationalize. The legislation should be presented to leaders of other countries, most notably southern nations of the Caribbean and Central America. Increasing worldwide recognition and universality will only increase the influence upon local legislators and vice versa.
5. Revolutionize. I often tell TCM audiences that if you don't want to help your profession, then please don't join it, because the TCM profession now more than ever needs everyone of its own to get involved. All of you have the time to join a committee or write letters or donate a few dollars to critical long-term efforts. All must get involved.

And in the end, when you are done caring for those in need, ask yourself whether you helped make sure the next generation of TCM practitioners inherits a more secure, more accessible profession to continue your legacy of healing.

Michael A. Taromina, Esq., has represented practitioners, institutions, organizations and students in the TCM field. He serves as a member of the NCCAOM Ethics and Disciplinary Committee and has designed and taught programs in health law, ethics, professional liability and practice management.

If you have a question, comment, or issue you'd like Michael Taromina to address in an upcoming column, please e-mail it to newslettertcmworld.org.