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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
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Experience:  30 years of experience
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Is the use of Teishin, non-invasive needle technique allowed

Customer Question

Is the use of Teishin, non-invasive needle technique allowed by Licensed Massage
Therapists in New Mexico.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience, including substantial experience with the regulation of licensed professionals; I hope to provide you information that will help you in resolving your question. I have been faced with this type of question for many years as an attorney involved in the regulation of health care practitioners. I am afraid that I will not be able to answer yur question with 100% certainty. But I can give you a framework for analzing the issue and reaching a probable conclusion. The difficulty with your question is that the New Mexico State Board of Massage Therapy has not promulgated any specfic regulation pertaining to the modality of Teishin. This means that we can analyze the practice and the law, but we can NOT be certain how the Board will approach the question unless or until they promulgate a regulation or issue a discplinary action against a practitioner. Since Boards are political animals as well as regulatory authorities, logic sometimes escapes them. However, we can review the practice of Teishin in relation to the scope of practice of Massage Therepy as defined by the New Mexico Law. As you appear to already know, Teishin, also known as needless acupunture, is a non invasive manipulation of the skin over certain identified pressure points. The practitioner uses a small instrument made of gold, silver, jade, or other precious materials to place a small degree of pressure over the identified pressure point. The purpose of this is to help relieve pain and improve health. Under the New Mexico Law the Scope of Practice of Massage Therapy is defined as:16.7.1.8 SCOPE OF PRACTICE: Assess and treat soft tissues and their dysfunctions for therapeutic purposes primarily for comfort and relief of pain. The health care service includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, stretching the tissue and exercising the range of motion, and may include the use of oils, salt glows, hot or cold packs or hydrotherapy. Massage therapy is the deformation of soft tissues from more than one (1) anatomical point by manual or mechanical means to accomplish homeostasis or pain relief in the tissues being deformed, as defined in the Massage Therapy Practice Act, Paragraph (E) Section 61-12C-3 NMSA 1978. The law specifically allows the manipulation and "deformation" of the skin tissue either manually or through the use of mechanical means. Logically, therefore, one may conclude that the use of a dull mechanical instrument, of the type used in Teishin, to cause the deformation is allowable under the law. The problem with this analysis, as alluded to earlier, is that neither you nor I sit on the New Mexico Board. So while it is logical to conclude that the practice should be acceptable, neither you nor I have the authority to decalre it so. To speak more plainly, if you want certainty, you must ask the Board. But clearly, there is sufficient room to engage in the practice and assert that it fits the scope if the Board were to try to cite a practitioner for using the technique. Here are links to the New Mexico Law:http://164.64.110.239/nmac/parts/title16/16.007.0001.htmhttp://164.64.110.239/nmac/_title16/T16C007.htm You can contact the Board here: Massage Therapy BoardToney Anaya Building2550 Cerrillos Road, Second FloorSanta Fe, New Mexico Mailing address:PO BOX 25101Santa Fe, NM 87505(###) ###-####505) 476-***@******.***'m sorry that I could not give you a simple yes or no answer. I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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