State of Arizona
Board of Chiropractic Examiners

 

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Administrative Rules and Substantive Policy Statements

Rules
Use the link below to go to the Arizona Secretary of State's Office Page to view the Rules of the Board.
Secretary Of State Rules of the Board

Substantive Policy Statement-Description
A written expression that explains the current approach to a statutory or regulatory requirement.

An agency shall ensure that the first page of each substantive policy statement includes the following notice:

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona administrative procedure act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you many petition the agency under Arizona revised statues section 41-1033 for a review of the statement.

Adopted Policy Statements

1. LASERS
2. ACTIVITIES OUTSIDE THE SCOPE OF THE PRACTICE
3. ADVERTISING “SPECIALIST” OR “EXPERT”
4. SUBMISSION OF EARLY APPLICATIONS
5. REQUIREMENT TO REINSTATE  A LICENSE PLACED ON
     PERMANENT RETIREMENT STATUS
6. PROCEDURES FOR REVIEWING STUDENT LOAN DEFAULT
7. USE OF UNLICENSED CHIROPRACTORS
8. PRACTICE GUIDELINES

9. DIAGNOSTIC TESTING
 

1. LASERS
A laser approved by the Federal Drug Administration for therapeutic use is acceptable as a treatment devise provided the laser is used within the scope of the practice of chiropractic in this State.  A license issued by the Arizona Radiation Regulatory Agency is required for each laser with a IIIb or above classification.  A doctor of chiropractic is responsible for obtaining the appropriate license, adhering to the laws governing the use of the laser and knowing and applying the appropriate protocol for use of the laser.

The statutes and rules applicable to chiropractic assistants apply when an unlicensed person uses a laser.  Any contradicting rule that appears outside of the Chiropractic Act does not supercede the statutes and rules governing the practice of chiropractic.

Adopted: November 13, 2003

 

2. ACTIVITIES OUTSIDE THE SCOPE OF THE PRACTICE

COLONIC IRRIGATION

The Board has determined that colonic irrigation is considered to be outside the scope of practice of chiropractic in the State of Arizona.

PROSTATE TREATMENT

 The Board has determined that penetration of the rectum by a rectal probe for the administration of ultrasound, diathermy or other modalities is considered to be outside the scope of practice of chiropractor in the State of Arizona.

FACE LIFT

The Board has determined that treatment to improve facial appearance by a method other than that which might result from adjustment of the spine is considered to be outside the scope of chiropractic in the State of Arizona.

Failure to cease such activities, which are outside the scope, will result in formal action by the board

ADOPTED 8/12/81

 

3. ADVERTISING “SPECIALIST” OR “EXPERT”

The Board of Chiropractic Examiners has determined that advertisements incorporating the words “SPECIALIST” or “EXPERT” constitute advertising of nature likely to deceive or defraud the public.

Arizona law authorizes the practice of two chiropractic specialties after certification by the board: Acupuncture and Physiotherapy.

The Board will view advertising such as “Specialist in low back problems”, “Industrial Specialist”, “Accident Specialist”, “Techniques Specialist”, or “Expert” as being potentially deceptive advertising.

An example of acceptable language would be “Practice limited to …” only if such can be proven to be the case. Techniques such as “Palmer”, “Applied Kinesiology”, “Activator”, “Grostic”, etc. maybe listed, but the advertising may not infer that one technique is superior to another, or that the chiropractor is somehow superior to others because he/she uses that procedure.

Certification by any specialty council of A.C.A. or specific technique certification by any similar professional association is not recognized by the statute or rule in Arizona.

A.R.S.§32-924.A.13 provides the “Advertising in a false, deceptive or misleading manner” is grounds for disciplinary actions. 

ADOPTED 11/16/83

 

4. SUBMISSION OF EARLY APPLICATIONS

The Board shall not accept or process a signed and notarized application or completed fingerprint card if the application and/or fingerprint card is dated more than 90 days preceding the date the applicant is expected to sit the jurisprudence examination.

 

5. REQUIREMENT TO REINSTATE  A LICENSE PLACED ON PERMANENT RETIREMENT STATUS

In order to have a retired license reinstated to active practice, the licensee is required to take and pass the SPEC examination administered by the National Board of Chiropractic Examiners with a score of 75% or better and produce evidence of having completed 12 hours of continuing education if the license has been on retirement status for one year or less, or 24 hours of continuing education if the license has been on retirement status in excess of one year.  This is a minimum requirement.  All other requirements of A.R.S. §32-923 apply.

 

6. PROCEDURES FOR REVIEWING STUDENT LOAN DEFAULT

The U.S. Department of Health and Human Services , Office of Inspector General, will notify the Arizona State Board of Chiropractic Examiners when an Arizona chiropractor has defaulted on a Health Education Student Loan.  The default will normally result in exclusion from participation in the Medicare, Medicaid, and all Federal health care programs as defined in 1128B(f) of the Social Security Act.  Section 1128(e) of the Act requires the appropriate licensing or certification authority be notified of such an exclusion and requested to make appropriate investigations.

When a notice of student loan default is received the following actions will be taken:

1.      Notify the doctor in writing of the notice with instructions to respond in writing. A copy of this letter will be sent to HHS (Attention: Health Care Administrative Sanctions)

2.      If the doctor acknowledges the default and indicates he/she is attempting to rectify the matter, it will be placed in a hold file and followed-up at least quarterly to ensure the doctor is still attempting to resolve the matter.

3.      If the doctor fails to respond or indicates in the written response that he/she does not intend to make arrangements to resolve the matter, it will be placed on the Board agenda to consider opening a complaint.

 

7. USE OF UNLICENSED CHIROPRACTORS

The Board has determined that:

1. An unlicensed chiropractor may not adjust any patient even if under the direct   supervision of a licensed chiropractor.

2. An unlicensed chiropractor may not take x-rays of any patient, even if under the direct supervision of a license chiropractor.

3. An unlicensed chiropractor may be used by a licensed chiropractor as an assistant for procedures such as consultation and examination.

A doctor applying to take the licensure exam is an unlicensed chiropractor until he or she has passed the examination, paid the original license fee and been advised of his or her license number.

 

8. PRACTICE GUIDELINES

The Board of Chiropractic Examiners has determined that the Board will not use the practice guidelines developed by either the Mercy or Wyndham Conferences as a regulatory standard in Arizona. In particular, the board notes that those guidelines do not define the term “recognized standards of the profession” occurring in A.R.S. §32-924(b)(15).

The Board recognizes that its decision not to use those particular guidelines does not prevent or deter other agencies and private businesses from adopting those guidelines to advise or regulate chiropractic physicians participating in those agencies’ or business’ programs.

Adopted November 8, 1995

 9. DIAGNOSTIC TESTING

The Board of Chiropractic Examiners has determined that the following criteria must be met regarding any in-office diagnostic testing, including testing performed by "mobile labs":

The physician must clearly document the medical necessity for each and every test.  The physician shall determine that the service is medically appropriate, necessary to meet the patient’s health needs, consistent with the diagnosis, and consistent with widely accepted clinical standards of care concerning reliability, validity, and timing of the test.

The physician must clearly document that the chosen diagnostic test is the best or most appropriate test available and that it will provide results that will support a diagnosis and/or assist in clinical decision-making regarding treatment and/or referral.

The physician must be sufficiently trained in the utilization of the diagnostic equipment to be able to perform the chosen test and to supervise (as defined in R4-7-101(10))  the performance of the test.  The physician shall determine that that the equipment is in good operational order, is reliable, and presents no harm to the patient.

If a technician is utilized, then the physician must supervise the technician as described in R4-7-101(10), verify the technician's training, and retain documentation verifying the training.

The physician shall disclose any pecuniary interest in the testing.  In determining whether to order any diagnostic test, the physician’s primary consideration shall be whether the test is in the best interest of the patient.