On November 25th, 2020, the US Supreme Court issued a decision in the case of Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, No. 20A87. In a 5-4 split in favor of the plaintiff, the Per Curiam mentions that while religious institutions are facing more stringent restrictions because they fall into "red" or "orange" zones, "essential" services can have as many gather as they want. They go on to list acupuncture facilities as "essential", along with campgrounds and garages.
In a concurring opinion, Justice Gorsuch goes on to say "At the same time, the Governor has chosen to impose no capacity restrictions on certain businesses he considers “essential.” And it turns out the businesses the Governor considers essential include hardware stores, acupuncturists, and liquor stores. Bicycle repair shops, certain signage companies, accountants, lawyers, and insurance agents are all essential too. So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pick up another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians. Who knew public health would so perfectly align with secular convenience?"
Many New York Licensed Acupuncturists remember the early days of NY PAUSE, where acupuncturists were not listed as essential. They joined ASNY in the fight to be added to this list, and then to remove the "referral by medical professional" that was initially required.
ASNY viewed this as an opportunity to discuss our role in the public health system, especially now that New York is experiencing a second wave of the COVID-19 pandemic. In it, we state that "we want to clarify our role in the public health system as it has been related to "secular convenience." Acupuncture does not discriminate based on faith; nor does pain or addiction. Medical needs are not a secular or religious issue. Licensed Acupuncturists treat patients who may otherwise need treatment in emergency rooms for acute & chronic pain, stress, and substance abuse disorders. We decrease the burden for hospital emergency departments by managing serious non-COVID related ailments. While New York must pause for this pandemic, pain does not pause."
ASNY wants to thank our incoming Vice President Peter Caron, ASNY Member Kimberlie A. Wilson, HPAI President & ASNY Consultant Kallie Byrd Guimond, ASA Vice Chair of Public Policy Amy Mager, and ASA Advocacy Chair Jennifer Broadwell for their contributions.
ASNY will use this opportunity to roll out the former social media campaigns originally created while seeking to be added to the Essential Services list earlier in the year. We hope all of you will join us on Twitter @acusocietyny and on Instagram @acusocietynewyork as we continue to make the public aware of the important role we play in healthcare.
