N.J. Admin. Code § 13:44E-3.2

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

Section 13:44E-3.2 - Recognized diagnostic tests; permissible billing

(a) Consistent with the scope of practice, upon the attainment of education and training in the pertinent test and, with respect to electrodiagnostic tests or special examinations, a certificate of competency, a chiropractic physician may perform a diagnostic test and charge a patient or third party payor for that test, except as provided by (b) and (c) below.

(b) A chiropractic physician shall not bill for any diagnostic tests that have not been reliably demonstrated to identify conditions amenable to chiropractic care beyond the information ascertainable from the taking of a patient history and performance of a thorough clinical examination or that otherwise fail to yield data of sufficient clinical value in the development, evaluation or implementation of a plan of treatment, including the following:

1. Spinal diagnostic ultrasonography/ultrasound imaging of the spine;

2. Current perception threshold tests;

3. Iridology;

4. Reflexology; or

5. Surrogate arm mentoring.

(c) A chiropractic physician may bill for any of the following diagnostic tests, which have recognized reliability and validity and can yield data of sufficient clinical value in the development, evaluation, or implementation of a plan of treatment, when clinically supported, subject to the limitations noted:

1. Repetitive stimulation studies and nerve conduction studies inclusive of motor, sensory, F-wave and H-reflex studies;

2. Somasensory evoked potential (SSEP), visual evoked potential (VEP), auditory evoked potentials (AEP), brainstem auditory evoked potential (BAEP) and dermatome evoked potential, or brain evoked potential (BEP) where the extent of response to treatment is not otherwise sufficiently ascertained from subjective reports and by objective findings or other diagnostic tests;

3. Thermography only when used to evaluate pain associated with reflex sympathic dystrophy ("RSD") in a controlled setting;

4. Videofluroscopy only in the evaluation of hypomobility syndrome and wrist/carpal hypomobility, where there are findings of no range or aberrant range of motion or dysymmetry of facets;

5. Surface EMG;

6. Applied kinesiology and gait analysis;

7. Computer-supported range of motion tests, postural analysis tests, or muscle testing devices, such as Dynatron or Cyber station; and

8. Vestibulo-ocular-nystagmus tests.

(d) Notwithstanding any limitations set forth in (b) above, a chiropractic physician may perform the enumerated diagnostic test, after assuring that written informed consent has been obtained from the patient, but in no case shall the patient or third party payor be billed or charged for the test.

N.J. Admin. Code § 13:44E-3.2

Amended by 46 N.J.R. 1644(a), effective 7/7/2014.