N.J. Admin. Code § 13:44E-1.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:44E-1.1 - Scope of practice

(a) The practice of chiropractic means a philosophy, science, and healing art concerned with the restoration and preservation of health and wellness through the promotion of well-being, prevention of disease, and promotion and support of the inherent or innate recuperative abilities of the body. The practice of chiropractic includes the reduction of chiropractic subluxation and the examination, diagnosis, analysis, assessment, systems of adjustments, manipulation, and treatment of the articulations and soft tissue of the body. It is within the lawful scope of the practice of chiropractic to diagnose, adjust and treat the articulations of the spinal column and other joints, articulations, and soft tissue and to order and administer physical modalities and therapeutic, rehabilitative and strengthening exercises.

(b) During the initial consultation and before commencing chiropractic care, a licensee shall identify and document a clinical condition warranting chiropractic care. Nothing contained in this section shall be deemed to prohibit a licensee from caring for chiropractic subluxation as determined by chiropractic analytical procedures. Chiropractic analysis that identifies the existence of a subluxation may be the basis for chiropractic care even in the absence of a subjective complaint or other objective findings.

(c) A chiropractic diagnosis or analysis shall be based upon a chiropractic examination appropriate to the presenting patient, except that a licensed chiropractor who, at any time during examinations or treatments, has reasonable cause to believe symptoms or conditions are present that require diagnosis, analysis, treatment, or methods beyond the scope of chiropractic as defined in (a) above, shall refer an individual to a practitioner licensed to practice dentistry, medicine, or surgery in this State or other appropriate licensed healthcare professionals. Nothing contained in this subsection shall preclude a licensed chiropractor from rendering concurrent or supportive chiropractic care to any patient so referred.

(d) The following diagnostic and analytical procedures are within the scope of practice of a licensee:

1. The taking and ordering of X-rays;

2. The ordering, but not performing, of bioanalytical laboratory tests consistent with chiropractic practice;

3. The ordering or performing of reagent strip tests (dipstick urinalysis) consistent with chiropractic practice;

4. The ordering, but not performing, of such other diagnostic or analytical tests consistent with chiropractic practice including, but not limited to, computerized axial tomography (CT), magnetic resonance imaging (MRI), bone scan, and invasive electromyography (EMG);

5. The requesting or performing of such other diagnostic or analytical tests consistent with chiropractic practice including, but not limited to, non-invasive muscle testing and tests using neurocalometer-type devices;

6. The requesting or performing of electrodiagnostic tests or other special examinations, to the extent and in the manner authorized by N.J.A.C. 13:44E-3;

7. The signing or certifying of temporary or permanent impairments and other certifications, such as pre-employment screenings. A chiropractic physician may use recognized references in making his or her determination; and

8. The providing of dietary or nutritional counseling, such as the direction, administration, dispensing, and sale of nutritional supplements including, but not limited to, all food concentrates, food extracts, vitamins, minerals, herbs, enzymes, amino acids, homeopathic remedies, and other dietary supplements including, but not limited to, tissue or cell salts, glandular extracts, nutraceuticals, botanicals, and other nutritional supplements; provided that the chiropractor has successfully completed a course of study concerning human nutrition, consisting of not less than 45 credit hours from a college or university accredited by a regional or national accrediting agency recognized by the United States Department of Education and approved by the Board based upon the criteria set forth in N.J.S.A. 45:9-41.3.

(e) When clinically indicated, supported and documented in the patient record, a licensee may provide the following procedures in conjunction with chiropractic care to facilitate, enhance and/or prolong the effects of the chiropractic adjustment:

1. The ordering and/or administering of physical modalities;

2. The ordering and/or administering of therapeutic, rehabilitative and/or strengthening exercises; and

3. Perform splinting and bracing, first aid, and other diagnostic or analytical tests including computer aided neuromuscular testing and nerve conduction studies.

(f) A chiropractor licensed by the State Board of Chiropractic Examiners may use the title doctor, or its abbreviation in the practice of chiropractic, however, it must be qualified by the words doctor of chiropractic, chiropractor or chiropractic physician or its abbreviation D.C., which may be used interchangeably.

N.J. Admin. Code § 13:44E-1.1

Amended by R.1996 d.344, effective 8/5/1996.
See: 28 N.J.R. 1592(a), 28 N.J.R. 3803(b).
Amended by R.1999 d.76, effective 3/1/1999.
See: 30 N.J.R. 3925(a), 31 N.J.R. 662(a).
In (c), substituted "requesting" for "ordering" and substituted "non-invasive muscle testing and tests using neurocalometer-type devices" for "neurocalometer, thermography, and non-invasive muscle testing" in 5, and added 6.
Amended by R.2001 d.257, effective 8/6/2001.
See: 33 N.J.R. 1329(a), 33 N.J.R. 2683(a).
In (a), inserted "and document" following "shall identify" and substituted "care" for "treatment"; in (b), substituted "examination" for "evaluation and "care" for "treatment"; rewrote (c); deleted (e).
Petition for Rulemaking.
See: 36 N.J.R. 589(a), 1615(a).
Public Notice: Withdrawal of Petition for Rulemaking.
See: 38 N.J.R. 2745(d).
Amended by R.2007 d.31, effective 2/20/2007.
See: 38 N.J.R. 3235(a), 39 N.J.R. 656(a).
In (c)5, inserted "; and" at the end; in (c)6, substituted a period for "; and" at the end; deleted (c)7; and added (e).
Amended by R.2013 d.003, effective 1/7/2013.
See: 43 N.J.R. 3076(a), 45 N.J.R. 37(a).
Rewrote the section.