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. |