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NYSBC Opinion on Acupuncture

Current statute does not authorize chiropractors to use acupuncture as part of their practice. Article 160 of the Education Law authorizes those persons licensed in acupuncture to treat “diseases, disorders and dysfunctions of the body…by means of mechanical, thermal or electrical stimulation effected by the insertion of needles.” The definition of chiropractic in Article 132, section 6551, does not include such authorization.

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“C O M M U N I C A T I O N”

Webster’s dictionary defines “communication” as a transmitting, a giving or exchanging of information, messages, etc. Doctors of Chiropractic have a variety of daily opportunities to communicate with patients and the public at large. Some of the ways a Doctor of Chiropractic may communicate include: ADVERTISING: Doctors of Chiropractic commonly use print or electronic media, promotional seminars, or lay lectures to communicate methods of chiropractic care to patients and the public. A responsible Doctor takes care that the presented material is within the scope of chiropractic practice in New York State and is reflective of his or her education and technical expertise. An ethical practitioner is sensitive to advertising that is not in the public interest, i.e., false, fraudulent, deceptive or misleading. PATIENTS: Communication with your patient is paramount, especially that which involves direct clinical interaction in an office setting. Inadequate or ineffective communication may lead patients to misinterpret clinically warranted procedures as “inappropriate” or, worse, “violative”, e.g., placement of the practitioner’s hand or knee or body during an adjustive technique. If a patient files a complaint of a boundary violation or any other alleged act of professional misconduct, the Office of Professional Discipline must initiate an investigation. Making the effort to communicate to your patients about the specifics of clinically warranted chiropractic procedures and techniques is an extremely valuable investment of your time. This is an example of where it is critical as a professional to be proactive rather than reactive. RECORDKEEPING/DOCUMENTATION: Your patients’ files/charts can contain a broad spectrum of consent forms, examination forms as well as daily office entries. In reality, records are vehicles of communication with your patients, other health professionals, lawyers, judges, workers’ compensation board and other third party administrators, peer and utilization review parties, and state regulatory agencies. As a licensed professional, you are responsible for formatting your clinical documentation clearly and accurately, and for securing the confidentiality of your patients’ records. This area of responsibility has been heightened by the promulgation of federal regulations to implement the Health Insurance Portability and Accountability Act (HIPAA). The members of the New York State Board for Chiropractic want you to remember that communication is a platform for information and education, which can protect the public by enhancing the provision of care entrusted to every licensee authorized to practice the chiropractic profession in this State.

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NYSED Communication Article

Webster’s dictionary defines “communication” as a transmitting, a giving or exchanging of information, messages, etc. Doctors of Chiropractic have a variety of daily opportunities to communicate with patients and the public at large.

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NYSBC opinion regarding Chiropractic Assistant scope of practice

I write in response to your inquiry regarding the scope of practice for chiropractic assistants.

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NYSBC opinion regarding Diagnostic Ultrasound

Section 6551 of Education Law defines the practice of chiropractic as

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NYSBC opinion regarding chiropractic diagnosis or analysis

As regards the rendering of a chiropractic diagnosis or analysis, including differential diagnostic work-ups, New York State Education Law authorizes such activity within the lawful scope of chiropractic practice in New York State. The following excerpt of a 1994 response to an attorney addresses this matter:

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NYSBC opinion regarding Manipulation Under Anesthesia.

I write in response to your inquiry regarding chiropractic manipulation under anesthesia.

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NYSBC opinion regarding Electromyography (EMG)

I write in response to your inquiry regarding chiropractors in New York State using electromyography (EMG). This letter is based on past opinions of the Education Department that have been issued in response to various inquiries from members of the public.

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Opinion related to Doctors of Chiropractic ordering, administering or interpreting results of MRIs.

I write regarding your inquiry about chiropractic use of Magnetic Resonance Imaging (MRI).

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NYSBC opinion regarding chiropractors providing nutritional service and products.

I write in response to your inquiry regarding chiropractors licensed in New York State providing nutritional service and products.

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NYSBC opinion regarding the use of physiotherapeutic modalities

I write regarding your inquiry about the use of physiotherapeutic modalities by chiropractors licensed in New York State. This letter is based on past opinions of the Education Department that have been issued in response to various inquiries from members of the public.

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NYSBC opinion regarding Certified Athletic Trainers Employed by Chiropractors

Article 162, §8351 of the New York State Education Law authorizes the licensure of certified athletic trainers. A person so licensed is authorized to provide services “under the supervision of a physician and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord injuries, in a healthcare organization.”

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NYSBC opinion regarding Durable Medical Equipment.

Education Law, Article 132, section 6551(3), states that chiropractors licensed in this State may not "prescribe, administer, dispense or use in his practice drugs or medicines." Such durable medical equipment as cervical collars, cervical pillows, traction kits, support belts, whirlpool equipment, orthotic and other non-electrical devices are not "drugs or medicines." Consequently, such items may be purchased without prescription, and, thus, may be ordered or recommended by chiropractors for their patients within the definition of chiropractic practice in Article 132.

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NYSBC opinion regarding Extra Spinal Manipulation and X-ray

I write in response to your inquiry regarding lawful scope of chiropractic practice in New York State and if using x-ray on extra-spinal parts of the human body falls within that scope.

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NYSBC opinion regarding Homeopathy

I write in response to your recent inquiry regarding whether or not chiropractors licensed in New York State are permitted to practice homeopathy.

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NYSBC opinion related to employment of chiropractors by physicians licensed in New York State.

I write in response to your recent inquiry regarding employment of chiropractors by physicians licensed in this state.

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NYSBC opinion regarding Electrodiagnostic Testing.

Section 6551 of Education Law defines the practice of chiropractic as "detecting and correcting by manual or mechanical means structural imbalance, distortion, or subluxations in the human body for the purpose of removing nerve interference and the effects thereof, where such interference is the result of or related to distortion, misalignment or subluxation of or in the vertebral column."

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NYSBC opinion regarding Animal Adjusting

Section 6551 of Education Law defines the practice of chiropractic as:

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NYSBC opinion regarding chiropractic use of MRI and CT scans of the brain

I write regarding your inquiry about chiropractic use of Magnetic Resonance Imaging (MRI) and CT scans of the brain in New York State.

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NYSBC opinion regarding discounted Cash Fees

I write in response to your inquiry regarding discounted fees for patients who pay cash for professional services.

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