TESTIMONY
on behalf of the
INTERNATIONAL CHIROPRACTORS ASSOCIATION
on
CHIROPRACTIC SERVICES FOR AMERICA’S
VETERANS
presented by
Dr. Michael S. McLean
before the
SUBCOMMITTEE ON HEALTH
of the
COMMITTEE ON VETERANS AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
October 3, 2000
I
am Dr. Michael McLean, Chairperson of the Legislative Committee of
the International Chiropractors Association (ICA). I also serve as a
member of the Board of Directors of that organization.
We at the ICA appreciate the opportunity to present our
organization’s perspective on the very important matter of
chiropractic services for our nation’s veterans.
This is an issue that has been of major importance to us for
a very long time. In
fact, the first legislative initiative to provide chiropractic
benefits for our nation’s military veterans was introduced at the
request of the ICA in 1936. We
also understand that our concerns and objectives are shared by all
of the other major chiropractic organizations in the United States
and we are here on a collective basis to ask the Committee for
action on a matter that is long overdue.
The
steps that Congress must take to provide for reasonable access to
chiropractic services for America’s veterans are clear.
What is also unfortunately clear is that unless the Congress
enacts a series of very specific mandates, with a designated
timetable for action, the U.S. Department of Veterans Affairs (DVA)
will not make any significant effort to provide access to
chiropractic services on anything other than a token basis.
In fact, the obvious context of this hearing is the failure
of that agency to provide for meaningful chiropractic access,
despite the periodic legislative encouragement from Congress and the
decades of opportunity the Department of Veterans Affairs has been
given to develop a reasonable chiropractic program from within.
The
status of chiropractic science and the chiropractic profession today
is well understood in the greater health care community and has been
embraced by and is, indeed, the product of enthusiastic consumer
support and confidence. In
a highly competitive marketplace, chiropractic has validated itself
in the most profound and emphatic manner possible, through millions
of individuals in the private sector willing to pay out of their own
pocket for chiropractic care, when standard medical care was
available to them at little or no cost through public or private
insurance programs. I do not, however, wish to focus my time today
on these details even though this information is important to the
full understanding of the role chiropractic can and should play in
all public health care programs.
Instead, I would refer the Committee to the presentation made
by the International Chiropractors Association to the U.S.
Department of Veterans Affairs on February 24, 2000, Chiropractic in the Veterans
Health Care System. Copies
of this extensive document have been made available through the
Committee staff and its full text is available on ICA’s website at
www.chiropractic.org. I
urge every Member of Congress to review this extensively referenced
and well-researched document for a full discussion of the
definitions and authorities under which the chiropractic profession
operates and the basic clinical elements that distinguish and define
the science and practice of chiropractic as a unique approach to
health and health care.
ICA
does wish to frankly address the elements of public policy that need
to be enacted in order to provide for reasonable access to
chiropractic services through the DVA.
These elements have been the subject of intensive discussions
in recent weeks between representatives of the major chiropractic
organizations, Members of Congress and the staff of this Committee.
ICA respects and appreciates the good faith efforts of all
parties to these discussions but feels that the time for specific,
decisive action has come, and we are looking to the Committee for
insightful and innovative leadership in this area to expand and
enhance the health care choices of our nation’s veterans to
include chiropractic services.
ICA
believes that the following elements should be enacted to insure
that America’s veterans have available to them the same
chiropractic options and resources that are presently available in
most other health benefits programs:
1.
The establishment of statutory authority to employ doctors of
chiropractic as professional care givers within the DVA.
We specifically ask that Title 38, Section 7401 be amended by
inserting the words “doctors of chiropractic” after
“optometrists”. We
also ask that Section 7402 be amended by the insertion of a new
sub-section after the current sub-section (2) dentists, identifying
“doctors of chiropractic” in the sequence of professionals
specifically authorized to be employed under that section.
The employment criteria for doctors of chiropractic in such a
new provision should include the requirement that any such
chiropractic professional be the graduate of an institution
accredited by an agency recognized by the U.S. Department of
Education for such purposes, and hold a valid chiropractic license
in a State. Such
criteria are comparable to those provided for in this section for
dentists, podiatrists, etc.
Authority to hire doctors of chiropractic should be
accompanied by instructions to act on that authority and a timetable
to deploy an initial group of doctors of chiropractic within VHA
facilities.
2.
The establishment of a Division of Chiropractic Services,
headed by a doctor of chiropractic, within the Veterans Health
Administration to oversee and facilitate the effective integration
of chiropractic services into the systems in place at that agency.
The statutory establishment of such a division would serve to insure
that appropriate means would be available on an on-going basis to
address operational and procedural questions, peer review issues and
to serve as a focal point for the distribution of accurate and
relevant information about chiropractic services and the role of the
chiropractic professional. Such
a step would also signal the resolve of Congress to secure a
meaningful and on-going program of chiropractic care and would serve
as an important guarantee of fairness, efficiency and quality of
care.
3.
The statutory establishment of direct access to chiropractic
services as a care pathway choice for eligible veterans, without the
requirement of a referral from another professional as is presently
required under current policy.
4.
The statutory establishment of a chiropractic advisory
committee comprised of representatives of the chiropractic
profession to assist senior VHA officials in addressing program and
policy questions and in developing innovative service and research
initiatives to maximize the quality, timeliness and availability of
chiropractic care. The establishment of such a committee would be consistent
with provisions already passed by the House for chiropractic
programs in the U.S. Department of Defense.
5.
The enactment of a specific Congressional directive to the
Veterans Health Administration to develop within a reasonable period
of time a plan for making chiropractic services routinely available
on an outpatient basis for those program beneficiaries outside the
geographic range of VHA clinical facilities.
These
five basic elements would provide the foundation for a clinically
appropriate, reasonable and cost-effective chiropractic program
within the Department of Veterans Affairs.
Each of these elements are also firmly grounded in the
clinical abilities and experience of the doctor of chiropractic, our
experience in cooperative care in inter-professional settings, and
the realities of contemporary health care science and
administration. We are
also aware, however, of concerns brought forward by members of the
Committee staff regarding these proposed initiatives and I wish to
specifically address a number of those points in detail.
The
first of these issues is the employment of doctors of chiropractic
and the integration of chiropractic professionals into the VHA
system and VHA facilities. Concern has been expressed about the role doctors of
chiropractic would play in the primary care system in place in that
agency and the delineation of authorities and responsibilities under
that system. The International Chiropractors Association believes
that the employment of doctors of chiropractic in VHA hospitals and
clinic facilities is an obvious and highly practical point at which
to launch the integration of chiropractic services into the VHA
system. Such
inclusion would provide for the maximum coordination of care for
program beneficiaries, facilitate professional understanding,
utilize the efficiencies and economies of scale inherent in the
pre-existing resources and facilities, administrative, diagnostic
and professional, and provide maximum convenience and access to the
greatest number of beneficiaries.
The
experience of chiropractic professionals in the hospital and
multi-disciplinary setting over the past several decades has
established a record of cooperation and service that should serve as
a positive model for the VHA. Doctors
of chiropractic serve in hundreds of hospitals in the United States
in a wide variety of settings and contexts. Clarity of roles and authority is well established in such
settings and the team approach to health care delivery that such
situations facilitate provides for the highest level of patient
care. Each professional
serves to address the needs of patients within their professional
competence. Cooperative and concurrent care between chiropractic
providers and other professionals widens the options available to
patients, enhances quality and efficiency, as well as
cost-effectiveness.
I would also
refer the Committee to the testimony presented today on behalf of
the Association of Chiropractic Colleges for an extensive report on
the very positive hospital/clinical experience in the Department of
Defense chiropractic project. This
project demonstrates the potential for inter-professional
cooperation in government programs and strongly validates the
position presented by the ICA on this question.
In practical
terms, there are no real barriers to the effective integration of
chiropractic services and the doctor of chiropractic into the
primary care system now in place at the VHA other than a reluctance
to do so on the part of the policy makers directing those programs.
The administrative qualification process that determines the
eligibility of a veteran for care would not change.
The basic intake process would remain unchanged in that the
general evaluation of the patient would proceed along current lines
and the primary care personnel now attending to beneficiary needs
would continue their relationship with and involvement in patient
care. What is different
would be the existence of a clearly identified care option open to
qualified beneficiaries which they would be free to seek, without
the requirement of a referral from another health care professional.
The
intake and general evaluation process of every patient ought to
include a chiropractic evaluation, given the prevalence of spinal
problems in all segments of the population of the United States.
Along with the health history, baseline laboratory tests,
vital signs and other standard evaluation processes, a chiropractic
examination should be part of this initial evaluation process
because of the unique training, skills and clinical experience the
doctor of chiropractic brings to the diagnostic process.
The practicality and cost effectiveness of this goal ought to
be explored. At a
minimum, qualified
beneficiaries should have the right to choose a chiropractic program
of care for chiropractic conditions rather than be limited to,
indeed, forced to accept one medical pathway.
This in no way removes or alters the role of other providers
in the care of conditions that fall within their specific expertise.
Once again, the team approach and a fully cooperative model
of patient care is the goal.
In
considering these issues, it is helpful to understand the exact
nature of chiropractic science and practice and the separate and
distinct approach to health and health care taken by the doctor of
chiropractic. Chiropractic
is a very specific health care science applied by doctors of
chiropractic who practice under an extensive body of authorities. These authorities have evolved over more than a century of
legislative and judicial development, educational growth, practical
experience and professional consensus.
Like other first professional degree holders, the doctor of
chiropractic is a carefully regulated professional who must qualify
on a number of levels to obtain the right to practice.
Chiropractic
science is an approach to human health that was developed through
extensive anatomical study in which the elements of the human
system, particularly the spine and nervous system continue to be
examined in an effort to understand the relationship between the
state of those anatomical elements and optimal human health. The
basic premise of chiropractic science is that abnormalities and
misalignments of the spine, defined as subluxation(s) in
chiropractic science, can and do distort and interrupt the normal
function of the nervous system and may create serious negative
health consequences. The
correction and/or reduction of subluxation(s) through the adjustment
of spinal structures can remove nervous system interference and
restore the optimal function of the body.
Essential to basic chiropractic theory is the concept of the
inherent ability of the human body to effectively maintain optimal
health, comprehend the environment and function in a normal manner.
This concept is important since chiropractic perceives spinal
subluxation(s) as barriers to normal function and obstacles to the
body’s innate intelligence.
A
strong consensus exists within the chiropractic profession on such
self-defining issues. This
consensus is best depicted by the unanimous adoption of a paradigm
statement by the Association of Chiropractic Colleges, International
Chiropractors Association, American Chiropractic Association,
Federation of Chiropractic Licensing Boards, Council on Chiropractic
Education, the National Board of Chiropractic Examiners and the
Congress of Chiropractic State Associations.
This paradigm statement reads as follows:
“Chiropractic
is a health care discipline which emphasizes the inherent
recuperative power of the body to heal itself without the use of
drugs or surgery.
The practice of
chiropractic focuses on the relationship between the structure
(primarily the spine) and function (as coordinated by the nervous
system) and how that relationship affects the preservation and
restoration of health. In
addition, Doctors of Chiropractic recognize the value and
responsibility of working in cooperation with other health care
practitioners when in the best interest of the patient.
THE
CHIROPRACTIC PARADIGM
Purpose
The
purpose of chiropractic is to optimize health.
Principle
The
body’s innate recuperative power is affected by and integrated
through the nervous system.
Practice
The
practice of chiropractic includes:
·
establishing
a diagnosis;
·
facilitating
neurological and biomechanical integrity through appropriate
chiropractic case management; and
·
promoting
health.
Foundation
The
foundation of chiropractic includes philosophy, science, art,
knowledge, and clinical experience.
Impacts
The
chiropractic paradigm directly influences the following:
·
education;
·
research;
·
health
care policy and leadership;
·
relationships
with other health care providers;
·
professional
stature;
·
public
awareness and perceptions; and
·
patient
health through quality care.
The
Subluxation
Chiropractic
is concerned with the preservation and restoration of health, and
focuses particular attention on the subluxation.
A subluxation is a complex of functional and/or pathological
articular changes that compromise the neural integrity and may
influence organ system function and general health.
A subluxation is evaluated, diagnosed, and managed through
the use of chiropractic procedures based on the best available
rational and empirical evidence.
A
subluxation is a complex of functional and/or structural and/or
pathological articular changes that compromise neural integrity and
may influence organ system function and general health. A
subluxation is evaluated, diagnosed, and managed through the use of
chiropractic procedures based on the best available rational and
empirical evidence.”
This
professional consensus is well reflected
in the statutes establishing and authorizing chiropractic practice
and in the chiropractic professional education process.
The doctor of chiropractic is a primary care, direct
access, first professional degree level provider who serves as a
portal-of-entry into the health care system. ICA understands the
term primary care provider to be defined as: Any health care
provider capable of providing first level contact and intake into
the health delivery system, any health care provider licensed to
receive patient contact in the absence of physician referral.
All laws and regulations in the United States allow any
citizen to seek the services of the doctor of chiropractic without
referral from any other provider. Individuals are free to seek basic
essential care on the same individual initiative basis that applies
to other direct access providers.
Only
the doctor of chiropractic is professionally competent to evaluate
the chiropractic needs of a patient and to determine the level of
service appropriate to meet those needs.
In
order to assist the Committee in understanding the nature and flow
of chiropractic patient evaluation and care, the following
chiropractic patient evaluation and care pathway model is offered.
This model for the patient presenting in a chiropractic
clinical setting is based on the doctor of chiropractic's competence
to evaluate the general health status and needs of each patient and
determine the appropriateness of chiropractic care and/or the need
for referral to other provider(s) for urgent care, additional
diagnostic evaluation in the context of another branch of the
healing arts, concurrent care, or no care at all, etc. It also
recognizes that the majority of patients making the decision to seek
the services of any health care professional do so on the basis of
some self-perceived symptom, problem or health concern, or at the
behest of a parent or guardian.
1.
Routine Checkup and Prevention/Wellness Care
2. Initial Presentation--Is
Emergency Care Needed?
Upon
presentation of each new patient, the doctor of chiropractic
determines whether there is any condition, element or crisis that
requires the immediate referral for emergency life-saving care or
urgent care.
The
attending doctor of chiropractic is competent to determine, on the
basis of immediate findings whether the patient is in immediate need
of emergency intervention.
3. Initial
Presentation--Is the Care of Another Provider Needed?
In
the course of this evaluation, the attending doctor determines
whether there are findings that indicate the need for referral to
another provider.
If
indications for immediate referral are not present, the patient
proceeds along the care pathway to the next level.
If such a referral is necessary it does not preclude
concurrent chiropractic care.
4. Determining
Appropriate Chiropractic Care - Are There Potential Restrictions On
Chiropractic Care?
The
elimination of imperatives to refer having been undertaken, the next
step on the chiropractic care pathway centers on the development of
an appropriate course of adjustive care, if needed.
In that process, the patient’s needs and circumstances are
evaluated to determine whether there is a need, and if so whether
there are any restrictions on the delivery of adjustive care.
This evaluation process will direct the attending doctor to
employ specific chiropractic techniques that are appropriate to the
status of the patient.
5. Care Delivery
Having
carefully worked through the evaluation process eliminating
potential red flags to standard care and techniques, the doctor of
chiropractic next outlines and delivers a program of adjustive care
and other wellness advice, etc.,
according to the individual needs of the patient, based on
the presenting factors.
6. Re-Evaluation for New
Condition(s) and/or Re-Injury
On
each encounter, the doctor of chiropractic
determines whether new conditions and/or injuries might
require alterations in the care plan.
If there are no such indications, the program of care
previously devised will continue.
7. Progress Evaluation
After
a reasonable period of care, the patient’s progress is evaluated
by the chiropractic clinician to determine the effectiveness of the
chosen course of care and to determine whether alterations in that
program are indicated, as determined by the clinician.
It
is also important for the Committees to understand the Doctor of
chiropractic recognizes of professional boundaries and willing to
fully cooperate with and seek the consultation and/or concurrent
involvement of other health professionals when the needs of the
patient so indicate.
Referral
is a professional obligation that is present throughout all phases and
aspects of the chiropractic practice. The primary obligation of
doctors of chiropractic is to provide the highest quality of care to
each patient within the confines of their education and their legal
authority. It is the position of the International Chiropractors
Association that this primary obligation includes recognizing when the
limits of skill and authority are reached.
At that point, it is the ICA’s position that doctors in all
fields of practice are ethically and morally bound to make patient
referrals to practitioners in their own and/or other fields of healing
when such referrals are necessary to provide the highest quality of
patient care.
Doctors
of chiropractic are also obligated to receive referrals from other
health care providers, applying to those patients the same
considerations for quality and appropriateness of care as with any
other patient. It is the position of the ICA that the professional
obligation to the patient includes honest, full and straightforward
communication with the referring provider for optimal patient care.
SUMMARY
The
International Chiropractors Association urges the Committee to develop
a comprehensive access program that begins with the employment of
doctors of chiropractic as professional care-givers in DVA facilities.
The DVA should be instructed by Congress to promptly take such
steps as are required to provide for reasonable and timely access to
chiropractic services at DVA treatment facilities, including hospitals
and clinics.
ICA
recognizes that facility-based care is impractical in many instances
because of demographic and other reasons.
In such instances, the DVA should be instructed to establish a
plan for out-patient care according to agreed protocols, especially in
remote and underserved areas of the nation, and be given a timetable
for its implementation.
In
accessing chiropractic care, the determination of the need to seek
chiropractic care should be at the discretion of the patient.
All other federal programs such as Medicare and FEHBP programs
provide for such direct access. The
unique nature of chiropractic science and practice make it difficult
for non-chiropractic doctors to easily recognize the need for and
appropriateness of chiropractic care.
Thus, direct access provides for an effective means of access
that will not delay, confuse or otherwise prevent a beneficiary's
access to the care of first choice, while waiting for a referral that
may never come. This does
not compromise or minimize the procedures and primary care structure
presently in place in the VHA, but obligates that agency to expand the
decision options available to eligible beneficiaries.
This is entirely consistent with procedures in place in a wide
range of other clinical and administrative settings.
ICA rejects as obstructionist and unreasonable the arguments
that direct access is incompatible with the primary care system now in
place at the VHA and believes that the initial phase of any direct
access program will rapidly demonstrate the ease and practicality of
this status.
DVA
should undertake to fully orient existing personnel and regularly
review procedures to insure that the system understands the potential
of chiropractic care and works to facilitate, not obstruct a smooth
implementation of a chiropractic benefits program.
To this end, the establishment of a permanent chiropractic
department, on par with other divisions, through which policies and
procedures can be fully and effectively developed and implemented, is
indicated.
ICA
urges the Congress to require the DVA to maintain an open and
objective dialogue with chiropractic professional organizations and
educational and research institutions.
Such a dialogue should be broad based and inclusive, yet
focused on the established organizations and institutions that have a
demonstrated record of service to the chiropractic profession and the
public. The International
Chiropractors Association would seek to participate in such an
on-going dialogue and believes that the program, beneficiaries and the
profession would benefit by such an effort.
In
conclusion, I want to emphasize that the fundamental issue in this
discussion is and should be recognized by all parties, as one of
fairness to our nation’s military veterans.
Chiropractic has a powerful, non-invasive, drugless
contribution to make to the health of our veterans and the time has
come to offer this very special segment of our population the respect,
dignity and participation that comes from giving them the choice to
seek chiropractic care if they wish.
Furthermore, the research and outcomes record clearly shows
that chiropractic services represent a significant cost-savings
potential, rather than added costs, because of the non-surgical,
natural approach to health and healing that chiropractic represents.
ICA urges the Committee to objectively examine both clinical
outcomes and cost data to understand this impressive record.
I
want to thank the Committee and the staff for the serious attention
that this body of issues is receiving and to urge the Committee to
move forward to do the right thing and enact a meaningful program of
chiropractic services for America’s veterans.
I will certainly be happy to answer any questions any member of
the Committee or Staff may have on these topics and the ICA stands
ready to provide any additional documentation, clinical perspective or
other materials the Committee may wish as all parties work to resolve
this important question. Thank
you once again for your attention and consideration.
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