Agency Response to the Board of Homeopathic Medical Examiners Performance Audit Report

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ARIZONA STATE BOARD OF HOMEOPATHIC MEDICAL
EXAMINERS
Charles Schwengel DO, MD(H) Janet Napolitano 1400 West Washington, Suite 230
Chairman Governor Phoenix, Arizona 85007 Todd Rowe, MD, MD(H)
(602) 542-8154 phone • (602) 542-3093 fax Vice-President
Don Farris. email chris.springer@azhomeopathbd.az.gov
Secretary-Treasurer
web: http://www.azhomeopathbd.az.gov

August 15th, 2007

Ms. Debbie Davenport, CPA
Auditor General
2910 N. 44th Street, Suite 410
Phoenix AZ 85018

RE: Performance Audit Report and Sunset Review Findings

Dear Ms. Davenport:

Enclosed please find the Arizona Board of Homeopathic Medical Examiners response to the
Performance Audit recently conducted by your Staff. We appreciate the opportunity to respond
to the Audit Report and Sunset Findings. We also recognize the diligent effort put forth by your
staff in their efforts to understand the Homeopathic medical profession and the Board's
regulation of the profession. The Board is grateful for your work. The Board has addressed the
findings as required by law.

Even though the report is lengthy, it indicates only four findings, which state the following:

1) The legislature should consider the best method of regulation of Homeopathic Medicine in
the State of Arizona.
2) The Board can improve its regulation process.
3) The Board can improve its complaint processing.
4) The Board can improve its licensing process.

The Board agrees with the findings #2-4 and has already instituted numerous steps to implement
the recommendations. The Board feels that the Legislature should consider the best method of
regulation of Homeopathic Medicine in the State of Arizona, and make a truly informed choice.
We believe that a separate Board of Homeopathic Medical Examiners is essential both to
protect the public AND to provide continued availability of these forms of treatment for the
public.

Board members do not agree with all of the remarks stated in the Report and recognize that
perceptions regarding the regulated profession are oftentimes misleading. Hopefully, our
Agency Response will allow persons reading the Report an opportunity to come to a reasonable
conclusion regarding the Board and the difficulties faced by the agency and its staff.

1 Thank you again for the efforts of your staff to improve the performance of the Board.

Sincerely,

Arizona Board of Homeopathic Medical Examiners

Charles Schwengel DO, MD(H) Todd Rowe, MD, MD(H). CCH, DHt Don Farris
President Vice-President Secretary and Treasurer

Garry Gordon, MD, DO, MD(H) Martha M Grout, MD, MD(H) Marie Stika
Board Member Board Member Board Member

Enclosure: Agency Response to Performance Audit Report and Sunset Review Findings

2 ARIZONA BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
RESPONSE TO AUDITOR GENERAL’S PERFORMANCE AUDIT

Overview
The Arizona Board of Homeopathic Medical Examiners (hereinafter “Board”) has issued the
following response to the recent Performance Audit conducted by the Auditor General’s Office
as part of the Sunset Review set forth in A.R.S. § 41-2951 et seq. The Board has attached as
part of its response an action plan to implement recommendations of the Auditor General’s
office as well as to enhance the management and investigative processes of the Board.

The Board has welcomed this performance audit and has seen it as an opportunity to improve
Board policies and procedures and to perform some self-reflection on how we conduct our
work. We have found the process to be helpful and are looking forward to implementing the
recommendations. We feel that we do a good job in our work in fulfilling our legislative
mandate to protect the public from unqualified and unfit Homeopathic practitioners, but feel
that there is always room for improving the quality of what we do.

The Board agrees with nearly all of the recommendations of the Performance Audit and has
moved to implement them, although some of these require statutory changes and
implementation must wait until these statutory changes occur. In addition, the Board has created
several recommendations of its own that require a statutory change (see #13 and #16-21 below).

The Performance Audit was requested by the Arizona State Legislature following concerns
expressed by a small group of Arizona Homeopathic practitioners that the Board was acting
unethically, immorally and with significant conflicts of interest. None of these issues was a
finding of the Performance Audit. Our Board works hard to conduct its business ethically and
within the legal parameters set forth by the State of Arizona.

Concerns were also expressed at the last hearing that the practice of Homeopathic Medicine is a
spiritual practice and therefore exempt from regulation. Nowhere in the world is the practice of
Homeopathic Medicine defined in this way. The practice of Homeopathic Medicine is the
practice of Medicine. Homeopathic Medicine is a system of Medicine, just as Conventional
Medicine and Traditional Chinese Medicine are systems of medicine.

We do find that the Performance Audit presents an inaccurate picture of the importance of the
Arizona Board of Homeopathic Medical Examiners and the ongoing need for regulation of
Homeopathic Medicine here in Arizona (see below). This section of the report contains
inaccuracies and misperceptions about the Homeopathic community. The continuance of the iners is critical to providing public safety. The
following are key reasons for the continuance of the Board:

• There is a very strong public demand for Homeopathic Medicine and a public perception
of need for the Homeopathic licensing board.
• Unregulated Homeopathic practice represents a clear danger to the public.
• The allopathic (Conventional Medicine) community lacks sufficient knowledge of
Homeopathic Medicine to adequately and safely regulate Homeopathic physicians.
• The allopathic community (conventional Medicine) has a strong bias against Homeopathic
Medicine which would prevent them from fairly regulating the practice of Home
Medicine.
3 • With the large projected growth in the Homeopathic community (establishment of a
Homeopathic medical school here in Phoenix in 2009) there is a growing need for
regulation to promote public safety.
• Homeopathic Medicine is not a specialty of conventional medicine.
• There are modalities of Homeopathic Medicine not practiced by any other medical
licensing board.
• Many of the Homeopathic physicians licensed by this Board hold a single licensure.
• The Board promotes public access to non-traditional therapies by physicians.
• Homeopathic Medical Assistants will not be able to safely and legally practice without the
Board.

Consumers have increasingly shown that they want freedom of choice, including access to
Homeopathic Medicine. Homeopathic Medicine is the second most common form of
30alternative medicine (CAM) in North and South America and Europe . It is also the second
most common form of alternative medicine in the world today and the most common form of
30edicine in industrialized countries .

A 2005 World Health Organization (W.H.O.) Report found that the use of herbal,
complementary and alternative medicine is increasing in industrialized countries. The W.H.O.'s
definition of health promotes an emphasis on self-empowerment along with a holistic approach
to life uniting the body, mind, soul and health in connection with disease prevention. The
practices inherent in traditional, complementary and alternative medicine promote a more
holistic approach. The WHO report went on to say that the relatively low cost of Homeopathic
medicines as well as their accessibility contrasts with the ever rising cost and limited
30availability (in remote areas) of even the most essential modern medicines.

FINDING I: LEGISLATURE SHOULD CONSIDER BEST
REGULATION METHOD OF HOMEOPATHIC MEDICINE
Recommendation 1: The Legislature should consider the continued need for a separate
Homeopathic licensing board.

Response: The Board feels strongly that the best method of regulation is the continuation of the
Arizona Board of Homeopathic Medical Examiners. The following sections express the key
rationale which underlies the importance of the Board in fulfilling its mission of “protecting the
health, safety and welfare of Arizona citizens by examining, licensing and regulating
Homeopathic physicians”. Homeopathic Medicine is a unique, specialized and holistic approach
to health and preventive health care and this should be recognized.

A. There is A Strong Public Demand for Homeopathic Medicine and a
Public Perception of Need For the Homeopathic Licensing Board
There is a strong public demand for Homeopathic Medicine. Homeopathic Medicine is the
30second most common form of medicine in the world today. It is also the fastest growing form
30of alternative medicine. Alternative medicine has shown a steady growth in usage in recent
years by the public. Recent studies have shown that over 67% of