Arbitration and Informed Consent

If you’re having a custom formula made, you’ll want to keep in mind the following:


Article 1:  Agreement to Arbitrate:  It is understood that any dispute as to medical malpractice, that is as to whether any medical  services  rendered  under  this  contract  were  unnecessary  or  unauthorized  or  were  improperly,  negligently  or  incompetently rendered, will be determined by submission to arbitration as provided by state and federal law, and not by a  lawsuit or resort to court process except as state and federal law provides for judicial review of arbitration proceedings.  Both  parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court  of law before a jury, and instead are accepting the use of arbitration.

Article 2:  All Claims Must be Arbitrated:  It is also understood that any dispute that does not relate to medical malpractice, including disputes as to whether or not a dispute is subject to arbitration, will also be determined by submission to binding  arbitration.  It is the intention of the parties that this agreement bind all parties as to all claims, including claims arising out of or relating  to treatment or services provided by the health care provider including any heirs or past, present or future  spouse(s) of the patient in relation to all claims, including loss of consortium.  This agreement is also intended to bind any children of the patient whether born or unborn at the time of the occurrence giving rise to any claim.  This agreement is intended to bind the patient and the health care provider and/or other licensed health care providers or preceptorship interns  who now or in the future treat the patient while employed by, working or associated with or serving as a back‐up for the  health care provider, including those working at the health care provider’s clinic or office or any other clinic or office whether  signatories to this form or not. All claims for monetary damages exceeding the jurisdictional limit of the small claims court  against  the  health  care  provider,  and/or  the  health  care  provider’s  associates,  association,  corporation,  partnership,  employees, agents and estate, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death,  emotional distress, injunctive relief, or punitive damages.

Article 3:  Procedures and Applicable Law:  A demand for arbitration must be communicated in writing to all parties.  Each party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days thereafter.  The neutral arbitrator shall then be the sole arbitrator and shall decide the arbitration.  Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not  including counsel fees, witness fees, or other expenses incurred by a party for such party’s own benefit.

Either party shall have the absolute right to bifurcate the issues of liability and damage upon written request to the neutral arbitrator.

The parties consent to the intervention and joinder in this arbitration of any person or entity that would otherwise be a proper  additional party in a court action, and upon such intervention and joinder any existing court action against such additional  person or entity shall be stayed pending arbitration. The parties agree that provisions of state and federal law, where applicable, establishing the right to introduce evidence of any amount payable as a benefit to the patient to the maximum  extent permitted by law, limiting the right to recover non‐economic losses, and the right to have a judgment for future  damages conformed to periodic payments, shall apply to disputes within this Arbitration Agreement.  The parties further agree that the Commercial Arbitration Rules of the American Arbitration Association shall govern any arbitration conducted  pursuant to this Arbitration Agreement.

Article 4:  General Provision:  All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding.  A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable legal statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.

Article 5:  Revocation:  This agreement may be revoked by written notice delivered to the health care provider within 30 days of signature and if not revoked will govern all professional services received by the patient and all other disputes between the  parties.  If any provision of this Arbitration Agreement is held invalid or unenforceable, the remaining provisions shall  remain in full force and shall not be affected by the invalidity of any other provision.  I understand that I have the right to receive a copy of this Arbitration Agreement.

Article 6: Retroactive Effect: Effective as the date of first professional services.  If any provision of this Arbitration Agreement is held invalid or unenforceable, the remaining provisions shall remain in full  force and shall not be affected by the invalidity of any other provision. I understand that I have the right to receive a copy of this Arbitration Agreement.



I hereby request and consent to the performance of acupuncture treatment and other procedure within the scope of the practice of acupuncture on me (or on the patient named below, for whom I am legally responsible) by the acupuncturist named below and/or other licensed acupuncturist who now or in the future treat me while employed by, working or associated with or serving as back-up for the acupuncturist name below, including those working at the clinic or office listed below or any other office or clinic, whether signatories to this form or not.

I understand that the methods of treatment may include, but are not limited to, acupuncture, moxibustion, cupping, electrical stimulation, Tui-Na (Chinese Massage), Chinese herbal medicine, and nutritional counseling.  I understand that the herbs may need to be prepared and the teas consumed according to the instructions provided orally and in writing. The herbs may ben an unpleasant snell or taste. I will immediately notify a member of the clinical staff of any unanticipated or unpleasant effects associated with the consumption of the herbs.

I have been informed that acupuncture is a generally safe method of treatment, but that I may have some side effects, including bruising, numbness or tingling near the needling sites that may last a few days, and dizziness or fainting. Bruising is a common side effect of cupping. Unusual risk of acupuncture include spontaneous miscarriage, nerve damage and organ puncture, including lung puncture (pneumothorax). Infection is another possible risk, although this office used sterile disposable needles and maintains a clean and safe environment. Burns and/or scarring are potential risks of moxibustion and cupping. I understand that while this document describes the major risks of treatment, other side effects and risks may occur. The herbs and nutritional supplements (which are from plant, animal and mineral sources) that have been recommended are traditionally considered safe in the practice of Chinese Medicine, although some may be toxic in large doses. I understand that some herbs may be inappropriate during pregnancy. Some possible side effects of taking herbs are nausea, gas, stomach ache, vomiting, diarrhea, rashes, hives and tingling of the tongue. I will notify a clinical staff member who is caring for me if I am to become pregnant.

I do not expect the clinical staff to be able to anticipate and explain all possible risks and complications of treatment. I wish  to rely on the clinical staff to exercise judgment during the course of treatment which the clinical staff thinks at the time, based upon the facts then know, is in my best interest. I understand that results are not guaranteed.

I understand the clinical and administrative staff may review my patient records and lab reports, but all my records will be kept confidential and will not be released without my written consent.

By checking the box associated with this document, I show that I have read, or have had read to me, the above consent to treatment, have been told about the risks and benefits of acupuncture and other procedures and I have had the opportunity to ask questions. I intend this consent form to cover the entire course of treatment for my present condition and for any future condition(s) for which I seek treatment.