UPDATES and In The News


PETITIONING GOVERNOR ANDREW CUOMO

Please sign the petition to allow Chiropractor to continue to perform DOT Exams in New York
.


SAFE DRIVERS SAFE ROADS COALITION UPDATES:


UNPRECEDENTED ACTION BY FMCSA REMOVES ALL NEW YORK DCs FROM NATIONAL REGISTRY

On June 1st, 2016, the FMCSA took the unprecedented action of removing all chiropractors in the state of New York from the National Registry of Certified Medical Examiners. This action was unusual and possibly may have violated their own regulations as to how it was performed (lack of due process). The response appears to be based upon their receiving a copy of the unsigned letter that was sent to the chiropractic CME’s in the state.

Furthermore, the FMCSA has indicated that all exams performed from May 21, 2014, through June 1, 2016, by chiropractic CME’s in the (FULL ARTICLE HERE...)


NEW YORK UPDATE

New York legal team responds quickly. All DC CME’s in New York who are a part of the coalition have responded to the FMCSA, objecting to this unprecedented action taken by the FMCSA. Our legal team is preparing the official response to the FMCSA and requesting an administrative hearing. All legal approaches in dealing with this unprecedented action will be considered.

FOIA request submitted to FMCSA reveals additional and confusing correspondences from NYS Board and the FMCSA. Multiple correspondences between the Board and the FMCSA, the latest being May 20th, 2014 reveal no definitive statement that a New York chiropractor may not perform a DOT physical and actually state that based on what is required of a DOT physical, the New York State board would approve of a DC’s ability to perform them in the state. The FMCSA had accepted these correspondences, along with the boards initial confirmation on August 12th, 2005, to indicate that chiropractors in New York were able to perform a DOT physical. This is why were included on the National Registry from May 21st, 2014, the day the law went into effect, until June 1st, 2016. ALL EXAMS (UPWARDS OF 30,000) PERFORMED BY CHIROPRACTIC CME’S IN NEW YORK DURING THIS TIME FRAM ARE CONSIDERED VALID.

Safe Drivers identifies state official who appears solely responsible for the “change of opinion” in New York. His last name is Lentivech, and he is the Deputy Commissioner of Professions for the NYS Education Department (an appointed position in state government. Our lobbyist in New York has reached out to attempt to set up a meeting, and continues to work in that direction. To date all requests have been unanswered, including from a official written request.

Members of the state New York State legislature have offered assistance to Safe Drivers. One in particular who is a member of the education committee, Senator Latimore, has sent a request to the Deputy Commissioner of Professions (Lentivech) in an attempt to force a meeting with Safe Drivers and his office concerning this issue. Other state legislators are also offering support and the list grows.

The New York State Chiropractic Association is working on updating our scope of practice, but this is expected to take 2 to 3 years to accomplish. Safe Drivers supports NYSCA in its efforts and will provide assistance while working on the current DOT situation in New York.


WHAT IS THE NEW YORK MODEL?

“The New York Model” was a phrase coined by Dr. Natalie Hartenbaum in her email exchange with Dr. Mike Megehee (click here to view some of the exchange). In essence she called on all state medical societies and organizations to review their state chiropractic scope of practice laws to see if this approach could be used in each of their states.

This was again reference a few months later when Dr. Megehee as well as CCE, the University of Western States and a number of other representatives of the chiropractic profession, made a presentation to the MEDMAC committee in an effort to include the profession in performing Coast Guard physicals. The final decision by the MEDMAC, demonstrated the use of the “New York Model” in its decision to not include the chiropractic profession. It actually referenced the ACA definition of chiropractic listed on the website as the reason for this (click here to view the MEDMAC decision).

It was expanded recently following the action taken by the FMCSA to remove chiropractors from the National Registry in New York, to include the fact that chiropractors do not prescribe medication to their patients (click here to read the post).

So what is the New York Model? If your state scope of practice (FULL ARTICLE HERE...)


DR MARC SMITH RESPONDS TO MD IN CALIFORNIA

Following a posting by a Dr. Ben Watson supporting expanding the approach to eliminating chiropractors from the National Registry, read the response to Dr. Watson, from Dr. Marc Smith, 2nd VP of Safe Drivers. CLICK HERE TO VIEW HIS FULL LETTER...


ACA SUPPORTS NEW YORK, CAUTIONS OTHER STATES TO BE AWARE OF POSSIBLE OUTSIDE INFLUENCE

Following its investigation, the ACA has officially submitted a protest to the FMCSA regarding the removal of all DC CME’s in the state of New York from the National Registry, and has requested the immediate reinstatement of all DC’s on the National Registry. The ACA has also advised all state associations to be aware that there is possible outside influence (elements of political medicine) working in an effort to eliminate the chiropractic profession from the National Registry.

From: John Falardeau To: House of Delegates
Sent: Friday, June 3, 2016 6:34 PM

I have responded, on behalf of the ACA, to an arbitrary action taken earlier this week by the Federal Motor Carrier Safety Administration (FMCSA). In a June 1, 2016 email to doctors practicing in New York, the FMCSA informed them that they were being immediately removed from the FMCSA national registry of providers authorized to perform required physical examination for the nation's truck drivers. Doctors of chiropractic in New York have been performing such examinations for several years. A recent determination from the New York licensing board had placed the authority to perform such examinations into question. Federal law provides that doctors of chiropractic are authorized to (FULL ARTICLE HERE...)


FIRST CHIROPRACTIC PHYSICIANS ASSOCIATION (FCPA) SUPPORTS NEW YORK

Following a lengthy conversation with Dr. Thorpe, Dr. Rod Lacy, President of the First Chiropractic Physicians Association ( a broad scope national organization), has offered Safe Drivers the support from the FCPA in our efforts. Information concerning the New York issue and our efforts have been included within his national email blasts to garner further support.

The FCPA is promoting a growing national movement to broaden scope of practice and to protect the practice rights of chiropractors around the country. FCPA weekly email blasts reach 45,000 chiropractors around the country. To Join the FCPA log onto www.myfcpa.com. Most states currently have state associations (New York does!). Membership is free.


OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION (OOIDA) SUPPORTS SAFE DRIVERS AND OPPOSES FMCSA DECISION TO REMOVE NEW YORK CHIROPRACTORS FROM NATIONAL REGISTRY

Mr. Scott Grenerth, the Director of Regulatory affairs at OOIDA (Owner-Operator Independent Drivers Assn., Inc., has reached out to provide support to Safe Drivers, and New York Chiropractic CME’s. OOIDA is the largest owner operator trucking association in the country.

Not only has OOIDA provided support through filing an official complaint with the FMCSA, but they have:

1. Reached out to trucking companies and other state and national trucking organizations to garner support.
2. Scott has sat in on meetings providing industry input, with our meetings with ACA and our legal team.
3. Scott is on a national trucking radio show and has gotten the word and asked for support on his nationally syndicated show.
4. Dr. Thorpe has been interviewed for an article that will appear in LandLine magazine, a publication for OOIDA members.

Significant thanks and great appreciation goes out for this support!


DR THORPE, PRESIDENT OF SAFE DRIVERS TO PRESENT AT CHIROPRACTIC SUMMIT IN FLORIDA

At the request of Dr. Rod Lacy, President of the First Chiropractic Physicians Association (FCPA) to attend and present at a chiropractic summit in Florida relating to scope of practice, on behalf of Safe Drivers Dr. Thorpe has agreed to participate. Other participants in the Summit include:
  • Dr. Mike Simone-District 6 Governor of the American Chiropractic Association/Immediate Past President of the ACA Board of Governors
  • Dr. Michael Wiles-Dean of the Chiropractic College at Keiser University
  • Dr. James Lehman, Director Post Grad Dept Bridgeport University
  • Dr. Michael Courtney-Chairman of the Board of Arkansas Chiropractic Society
  • Dr. Rodney Lefler-President Wisconsin Chiropractic Association
  • Dr. Joel Manion-President Florida Chiropractic Physicians Association
  • Dr. Rod Lacy-CEO Florida Chiropractic Physicians Association
  • Dr. Ernest Cohn-MD,NMD,DC,FACO, Past NC Board President and Board Member
  • Dr. Antonio Bifero, Faculty Member National University Health Sciences
  • Dr. Alan Dinehart, Consultant to the FCPA
Talk About A Line-Up Of Great Advanced Thinkers...

Where: During the FCPA August CE Seminar. Calling all advanced thinking leaders to attend. Please come and join us!


CALIFORNIA UPDATE REGARDING DOT AND SPORTS PHYSICALS

In a recent post from CCA Government Affairs Director, Chris Forsyth, he addressed California scope of practice and DOT physicals. He states that California law regarding this currently and very strongly supports the chiropractor’s ability to perform DOT physicals. California most likely will not be next on the chopping block as quoted from Chris in his news update.

The issue for California in the short term, may relate to other possible services such as sports physicals. As mentioned in the website, it appears that the California medical society had used the New York Model in its (FULL ARTICLE HERE...)


MEDMAC DECISION

In the recent decision regarding the profession’s inclusion to perform U.S. Coast Guard (USCG) physical examinations, the MEDMAC committee used the New York Model in its decision to disallow a chiropractor from performing Coast Guard physical exams (similar to a DOT physical). They used the ACA definition of chiropractic listed on its (FULL ARTICLE HERE...)


CALIFORNIA AND SPORTS PHYSICALS

The CCA appeared close gaining approval to move the bill from committee to the full California state legislature until the California Medical Society became involved a week prior to the vote. Click here to view how this decision transpired Here is the reasoning given by the California Medical Society:
  • Lie #1 Chiropractors are not allowed to diagnose under existing law.
  • Lie #2 Chiropractors can only treat the neck and back.
  • Lie #3 Chiropractors don’t know anything about the heart.
  • Lie #4 Chiropractors aren’t qualified to examine the heart.
  • Lie #5 Chiropractors aren’t qualified to perform these physicals
Look familiar?


TEXAS CONTACTS SAFE DRIVERS, DEVELOPS TASK FORCE

Dr. Chris Cochran, from Texas contacted Safe Drivers to obtain information and offer support. He has recently been appointed as the head of a task force for the Texas Chiropractic Association to investigate and prepare for any attempt to use the New York Model in their state to eliminate Texas chiropractic CME’s from the National Registry. Safe Drivers offered its support should this happen and will provide any information and/or financial assistance should a need arise. Safe Drivers supports Texas!


MASSACHUSETTS INTRODUCES BILL TO STATE LEGISLATORS TO LIMIT SCHOOL BUS DRIVER PHYSICALS TO THOSE LISTED ON THE NATIONAL REGISTRY.

The bill was recently introduced into the Massachusetts legislature that would require anyone who performs a school bus driver exam must be listed on the National Registry. This appears not to be a threat to the chiropractic profession, but we monitor every state for any action related to providing DOT and similar physicals and the possible implications.


MORE EVIDENCE OF POLITICAL MEDICINE INVOLVEMENT IN CURRENT EVENTS

In early June, Scott Grenerth, Director of Government relations for OOIDA, sent information to Dr. Thorpe regarding a posting that appeared on the NTSB (National Transportation Safety Board), futher adding to the fire indicating an overt campaign to eliminate the profession from the National Registry.

This adds to the New York Model!

Dave
I hope plans are progressing well and quickly for a resolution. I noted a comment in an article regarding what you are dealing with now that mentioned a comment by NTSB and their "Top 10 Most Wanted" list. This is the text I saw quoted.

"For commercial drivers, the Federal Motor Carrier Safety Administration recently has required training and certification for health care providers who perform medical examinations. However, there is no mechanism to ensure recommended guidelines are followed. Moreover, chiropractors and other healthcare professionals with no experience prescribing medications are considered acceptable medical examiners."

While NTSB has no authority to make regulations (thank goodness because they really miss the mark on what's important!) it's something I wanted to make sure you are aware of.

Scott Grenerth
Director of Regulatory Affairs
Owner-Operator Independent Drivers Assn., Inc.



KANSAS CONTACTS DR. MEGEHEE….DR THORPE PROVIDES CLARIFICATION TO NEW YORK SITUATION

Dr. Mike Megehee, 1st Vice President of Safe Drivers, and as most of us know the President of TeamCME, was recently contacted by a representative of the Kansas Chiropractic Association.

Dave, FYI…

Hi Doctor, my state association has worked on the NY decertification and they came up with this. Hope this helps.Here in Kansas we have very open practice scope laws. Sounds like that is where the NY hang up is.

Cheers!

On Tue, Jun 14, 2016 at 2:38 PM, judy pope wrote:

I spoke with Ross Lanzafane this afternoon about the decertification of DC Certified Medical Examiners in New York to get the back story on this situation.

New York has a very limited scope of practice which basically relates to detecting and treating spinal subluxations, nutrition services, and xrays. They have been able to stretch it a bit to provide treatment to areas outside the spine, but they basically have to make a connection between that other area and a potential subluxation in the spine. When the NY State Chiropractic Licensing Board was first asked whether the DOT examination requirements fell within the scope of practice for chiropractic, they wrote a very equivocal letter response which satisfied DOT
(FULL ARTICLE HERE...)


IMPACT BEING FELT LOCALLY WITH THE TRUCKING INDUSTRY IN THE STATE OF NEW YORK

Reports from trucking companies who are supportive of situation in New York is that the cost of services has begun to rise in the state. I can say from my own experiences, the closest competitor has raised its rates to $105 (they were at $ 95 on June 1st). In Watertown, New York, not only are prices above $125 now, but local companies are sending their drivers 45 minutes one way to have their exams done. It has effected both cost and accessibility for DOT physicals across the state. It effects interstate commerce also in that many drivers from out of state are facing the same difficulties should they seek an exam within the state of New York.


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