Thank you for giving me the opportunity to involve the profession in
national politics on a more fully informed basis.
You know from our personal discussions the ICA not only feels it did
not break the VA agreement, it feels it was broken by the ACA. I have
tried to just ignore the barbs and let the issue die, since our profession
is such a long way from equality and we have so many pieces of legislation
yet to pass. I was taught it's bad form to criticize others publicly when
you need to work with them (for the good of the profession) in the future.
I offer the following without personal animosity, but in order to put
ICA and ACA's actions into public view to clear the air so we can move on.
You will recall, the ICA/ACA/WCA agreed to jointly introduce a VA bill
with the language being extremely specific, including the term
"subluxation." You may also recall the ACA was very resistant to
using this word, even claiming at one point that the term would reduce us
to the standards of Medicare, which the ACA would never condone. In fact,
the ACA specifically refused to agree to use the term unless the ICA would
agree to support a new section seeking to reconstitute the Department of
Defense Advisory Committee, including that body's personnel, as the VA
Advisory Committee. This agreement took over six months of negotiation.
The ICA agreed to do so in exchange for the introduction of a bill that
included the term "subluxation."
When our VA Bill was introduced shortly thereafter by ACA Chair Jim
Edwards' Congressman without the term "subluxation" in it
anywhere, the ICA felt betrayed. We asked that the sponsor amend the bill
to include the term, but were told ACA Chair Jim Edwards' Congressman
opposed the change. At that point, the ICA concluded that any agreement it
had made with ACA had been breached -- by ACA.
We then hired a new, well-connected and positioned lobbyist, former
Congressman Randy Tate, and tasked him with securing the inclusion of
"subluxation" in the bill. Everywhere Mr. Tate went, he got the
same story: it's impossible to add "subluxation" into the
language.
Despite the opposition, the ICA and WCA were able -- with no help from
the ACA I might add-- to get "subluxation" included in the final
version of the bill. When the ACA/ACC called and said they expected us to
abide by the broken agreement, I was stunned! I have worked in politics
for years, and so am not naive about agreements but I have never
encountered insistence that I keep my end of an agreement that someone
else had broken.
Jim, you and I had a heated discussion of this issue at the National
Chiropractic Leadership Forum in Chicago in May 2002. You told me that
you, personally, did not ask for the introduction of the VA legislation
which left out the term "subluxation," but you could not speak
for the ACA staff. I know the ICA did not ask Jim Edwards' Congressman to
introduce the bill, and I'm certain the WCA did not. The list of suspects
grows quite small.
Regardless of who asked ACA Chair Jim Edwards' Congressman to introduce
the flawed language, our agreement was that we would support the
legislative reconstitution of the old DOD Chiropractic Advisory Committee
to serve as the VA Chiropractic Advisory Committee, but only in exchange
for the introduction of our agreed-upon language. This did not happen. The
unfortunate breaking of the agreement by someone else freed ICA to submit
its own nominees. When the VA requested nominees from us, we submitted
five names, all ICA members.
Perhaps just as significant, Congress did not even consider the
possibility of reconstituting the DOD advisory committee; it was left out
of the bill that passed the House and not even discussed in the Senate
version. That move alone should have signaled an end to any agreement on
any aspect of a VA advisory committee. ICA had no difficulty understanding
what Congress meant by this rejection.
We did not agree to support a slate of appointees to a VA advisory
committee. We agreed to support language that would, if passed, have
reconstituted the DOD committee, to which the ICA had hopes of
appointments. We never even discussed appointments of anyone specific if
Congress did not agree to the re-constitution proposal.
The allegation that the ICA or the WCA was somehow responsible for the
inclusion of a representative from chiropractic medicine is baseless. If
you had been present, as I was, at meetings the VA held with our
profession over the two years prior to the VA bill's passage, you would
have noticed the VA already had picked out the organizations it wanted in
the mix.
At each of these meetings, the ICA was invited, along with the ACA, the
WCA, the CCE, and the chiropractic medicine group (NACM). In fact, four of
the six D.C. members subsequently appointed to the VA Advisory Committee
had attended the VA meetings and/or had testified at Congressional
hearings in the previous two or three years: Drs. McMichael, Phillips,
DuVall and myself.
It was certainly unsurprising to anyone who had been involved that
these same representatives were appointed to the Advisory Committee. The
VA had total control over the mix of chiropractic organizations it wanted
involved, for its own purposes; neither your organization's view nor mine
mattered to them.
It is particularly disingenuous of you to accuse the ICA and me of
abandoning the subluxation, when you know the word would never have been
in the VA law had it not been for the efforts of the ICA and its
legislative team, which I am honored to Chair.
In the draft submission of "Protocols and Scope of Practice for
D.C.s in the VA Setting," which you mentioned in your column, I
proposed the following for scope: "All services necessary to detect,
correct and prevent neuro-musculoskeletal conditions, including
subluxation complex." I can find nothing ambiguous about this
definition. I used the term "neuro-musculoskeletal condition"
because the law specifies it. I personally feel it is confusing in a
medical sense; spinal tumors, for instance, are "neuro-musculoskeletal"
conditions. You could look it up.
In the protocols, which are for M.D.s and hospital administrators to
use in determining when chiropractic care is called for, I felt the use of
the term "neuro-musculoskeletal conditions" was misleading
without some qualification, since not all NMS conditions can be cared for
by a D.C. Hence, I used the term "chiropractic problems" which I
felt would be more accurate and useful, and would cover whatever NMS
problems D.C.s should address. I hope it is not your position that spinal
tumors should be taken care of by the D.C.
Jim, the merged efforts of our chiropractic associations produced a VA
law that specifies direct access to chiropractic care and that D.C.s will
correct subluxations. This happened not in spite of our joint action, but
because of it.
Contrast that with the law the ACA recently got passed working without
ICA: the inclusion of chiropractic services for active-duty military. This
law, for which ACA gets all the credit, had direct access stripped out
before passage, making chiropractic care available only upon medical
referral. Strangely, it is also missing the word "subluxation,"
which we were led to believe was dear to ACA's heart. Had other
chiropractic organizations been involved, we may have had a better
outcome.
I bring this up not to rub salt in the wound, but to point out that we
were successful in passing legislation that will benefit the whole
profession, indeed, the whole of mankind, when we worked together. I'm
sure the profession feels we need more unity in legislative activity, not
less. There is too much at stake to continue the politics of personal
destruction. I guarantee you the profession couldn't care less, as long as
it sees progress and prosperity.
We will introduce legislation in 2003 to improve access to
chiropractic. Also, with Sen. (Bill) Frist, M.D. as the new Senate
Majority Leader we feel certain some Medicare Prescription Drug Benefit
will likely be passed. We need to band together and insist on an equal
chiropractic benefit -- currently denied as maintenance care -- for those
who either can't take drugs (due to physical/chemical/psychological
contraindications) or choose not to (due to religious or philosophical
reasons).
We have invited ACA to meet with us and help craft the language so that
it is as close to your liking as possible. Although ACA has so far refused
our invitation to unified action on the legislative level, the door is
still open. The WCA and FSCO have met with us and we have agreed on a
joint legislative agenda. The profession would like us to work together,
and I'm quite sure the majority of ACA members would too. We're all
grown-ups here; let's check the egos at the door and roll up our sleeves
and work together for the future of our profession.
People are tired of the petty bickering and accusations that further no
one's cause. It's time to move on.
(In addition to his roles as Legislative Chair and Member of the Board
of Directors of the International Chiropractors Association, Michael S.
McLean, D.C., is a member of the Chiropractic Advisory Committee for the
U.S. Department Of Veterans Affairs.)