Avoiding Lawsuits: Safety & Ethics for Acupuncture Clinics

Fulfill your California Laws & Ethics and NCCAOM Safety and Ethics requirements at your own pace

with Instructor Anthony Von der Muhll, L.Ac., DAOM, DNBAO, FAIPM

Acupuncture Expert Witness in Malpractice Litigation and Regulatory Investigations -- Former Subject Matter Expert, California Acupuncture Board

"Every acupuncturist should take this series." -- Gina Marks, LAc, Pleasant Hill, CA

Self-Paced Distance Learning

1-year on-demand access to class notes and prerecorded live webinar videos -- see below for detailed description of class contents

 

Avoiding Lawsuits I: Essential Principles & Practices

2 Distance-learning NCCAOM Safety PDAs & CAB Category 1 CEUs approved

"Excellent course! I learned so much, will be useful in my job...A lot of detail, but necessary!" -- Ann Marie Trione, L.Ac., California
"Very helpful. Anthony tends to cover areas that are often overlooked or under-emphasized in terms of safety and scope of practice. His classes are always informative, clear and useful." -- Amberlee Gustafson, LAc., California
"Excellent and very helpful. I'm grateful for you putting these courses together." -- Dashal Moore, L.Ac., Albany, California

Avoiding Lawsuits II: Clarifying Gray Areas in Scope of Practice & Consent

2 Distance-Learning NCCAOM Safety PDAs and CAB Category 1 CEUs approved

"I would recommend this class to all acupuncturists, especially those that are recently licensed." -- Gina Marks, LAc., Pleasant Hill, California

 

 

Avoiding Lawsuits III: Standards of Care, Safety & Documentation

2 Distance-Learning NCCAOM Safety PDAs and CAB Category 1 CEUs approved

"This class was fantastic, the teacher was very clear and knowledgable and added lots of personal anecdotes which made the information easier to digest and remember. I really appreciate all the work that went in to putting this together." -- Danielle Tsuboi, LAc., Oakland, California

 

Avoiding Lawsuits IV:  Ethics & Laws in Marketing & Billing

with Anthony Von der Muhll

2 Distance-Learning NCCAOM Ethics PDAs and CAB Category 1 CEUs approved

"Absolutely the material will be helpful. I had questions about best practices regarding fee schedules and packages that this class answered clearly. I appreciate the detailed information and real world examples provided. " -- Pleasant Hill, L.Ac., Costa Mesa, California

"This class was a great review and well laid out to with pertinent information that we as acupuncturist encounter on a daily basis.
Thank you for your efforts in keeping our profession growing into the future." -- Vincent Koeller, L.Ac., Costa Mesa, California

"Rich in information, clearly presented, and highly valuable." -- Dashal Moore, L.Ac., Albany, California

 

 

 

California Scope of Practice Laws: Clarifying the Gray Areas

2 Distance-Learning CAB Category 1 Laws & Ethics CEUs & NCCAOM PDAs (BIO) approved

"The instructor was a great speaker, very knowledgeable and experienced" -- Kate Riccardi, LAc., Albany, CA

"Wonderful and informative" -- Susannah Lee, LAc, San Jose, CA

"Very helpful, more than expected" -- Marianna Dubova, LAc., Portland OR

"Helpful and informative class, clear and thorough teacher. Thanks!" -- Amberlee Gustafson, LAc, Santa Cruz CA

"The class provided more clarity than I received in school. I am grateful this was concise, direct, and so easily accessible." -- Mary Manning, LAc., Oakland CA

 

 

Is your practice safe?

  • Is your documentation adequate for defense in litigation or complaints to regulatory boards? Does it include needle angle at high-risk locations?
  • Do you know what standards the CNT manual (7th ed.) sets for minimizing pneumothorax risks? Sterilizing cups, gua sha tools? Preventing and managing heat lamp and moxa burns? Medical record-keeping?
  • Do you routinely provide and effectively document a verbal, face-to-face informed consent regarding risks, prior to treatment?
  • Do you know what social media marketing techniques are legal vs. illegal, as well as what terms to avoid using on your website?
  • Do you know how to avoid triggering insurance audits for suspected over-billing?
  • Can you recognize when you're in a "high-risk" relationship with a patient, and manage the situation without charges of discrimination in health care or "patient abandonment" that risk license suspension?
  • What would you do/not do if you were concerned someone was going to file a malpractice suit against you?

If you're unsure, these Classes are for you!

Even with the best of skills and intentions, experienced acupuncturists can find themselves subject to complaints on social media, to licensing boards, and even lawsuits alleging malpractice. Learn from a fellow acupuncturist with over 15 years of experience as an Expert Witness in litigation and regulatory investigations how to minimize risks of lawsuits and consumer complaints, as well as how to--and how not to--manage them if and when they occur. This practical, real-world advice will help you identify and reduce vulnerabilities in critical areas including documentation, informed consent, patient communications and management, understanding and staying within your scope of practice, advertising and billing, ensuring your clinical safety practices are up to professional standards of care, and more. Anthony Von der Muhll, LAc, DAOM, has served as a Subject Matter Expert for the California Acupuncture Board, and as an expert witness in over 25 malpractice and consumer complaint cases. He participates in the Acupuncture Advisory Committee of a major malpractice insurance company and has taught professional ethics and risk management for accredited colleges of acupuncture and integrative medicine.

Avoiding Lawsuits I: Essential Principles & Practices

  • Common myths, misperceptions, and wishful thinking regarding suits & complaints -- and how to avoid them
  • What constitutes malpractice?
  • Knowing and managing personal, professional, and cross-cultural risk factors
  • Overview of 10 essential risk management principles & practices
  • Avoiding and managing higher-risk patient-practitioner relationships
  • Setting & maintaining alignment of appropriate patient-practitioner goals

Avoiding Lawsuits II: Clarifying Gray Areas in Scope of Practice & Consent

  • Providing and documenting effective verbal, face-to-face informed consent
    • Live webinar includes practice and instructor feedback
  • Appropriate health education as a risk management strategy
  • Clarifying common "gray areas" in state licensing laws and scope of practice
  • Introduction to general Standards of Care for acupuncture professionals.

Avoiding Lawsuits III: Safety & Documentation

  • Knowing Standards of Care, and who defines them and how they are established
  • Standards and best practices for avoiding and managing:
    • Pneumothoraces: screening for risk-elevating factors; high-risk locations, safe vs. unsafe needle angles and depths
    • Nerve trauma and arterial puncture: high-risk locations, safe vs. unsafe needle angles and depths, and monitoring during needle penetration
    • Heat lamp and moxa burns: screening for risk-elevating factors; recognizing and managing accidental burns
    • Suction cups, including "wet" and "fire" cupping: knowing contraindications and screening for risk-elevating factors; avoiding and managing injuries
    • Gua sha: knowing contraindications, risk-elevating factors, and contraindicated areas; avoiding injuries
    • Slip-and-fall injuries: screening for risk-elevating factors and preventing accidental falls
    • And more...
  • Recognizing warning signs that patients may file suits or complaints
  • Managing patient complaints to minimize risks of escalation to suits and complaints
  • Critical documentation of safety protocols and management of adverse events

Avoiding Lawsuits IV: Ethics & Laws in Marketing and Billing

  • Avoiding allegations of professional misconduct
    • "False Advertising:" more serious than it sounds
    • Self-dealing and profiteering from unnecessary treatment: a slippery slope for acupuncturists
    • Fee-splitting and kickbacks: common, but usually illegal
    • Risk-elevating prepaid treatment "packages" and concierge practices, vs. safer alternatives
  • Risks of social media marketing; managing negative reviews
  • Best practices in fee-setting, collecting co-pays, and providing discounts
  • Avoiding insurer audits: best practices in coding and billing
  • Accessing further help when needed

California Scope of Practice Laws: Clarifying the Gray Areas

  • Responsibilities and rights as a "primary health care profession"
    • Is it legal to make a "biomedical" or "Western diagnosis?"
    • Case management and referrals
  • Definitions of acupuncture vs. non-acupuncture needles; therapeutic aspiration of blood
  • Health education vs. counseling: avoiding out-of-scope prescriptive psychotherapy
  • "Asian massage” vs. other manual therapies
  • “Naturally-occurring substances” vs. synthetic supplements
  • Light therapies: lasers, LEDs, infrared
  • Therapeutic exercise prescription vs. physical therapy
  • Terms to avoid in advertising, communication, documentation, vs. better alternatives