NYSBC opinion regarding chiropractic care of peripheral injuries.
Category: NYSBC News
Aug
01
I write in response to your inquiry regarding chiropractic care of peripheral injuries. A formal Department opinion on that subject was issued in an August 31, 1999 letter from Frank Muñoz, Executive Coordinator for Professional Responsibility. The relevant portion of that opinion is reprinted below:
You questioned whether the law permits chiropractors to treat “primary peripheral joint injuries or dysfunctions.” We do not have the specific facts of the cases you mention concerning ACL tears or shoulder adhesive capsulitis. However, as a general proposition, the law would not allow a chiropractor to treat a tear of the ACL or to treat shoulder adhesive capsulitis where such treatment is unrelated to "removing nerve interference and the effects thereof where the interference is the result of or related to the distortion, misalignment or subluxation of or in the vertebral column." When such injuries or dysfunctions have an associated nerve interference which is the result of or related to distortion, misalignment or subluxation of or in the vertebral column,” then Education Law §6551(1) authorizes chiropractors to provide treatment to remove the nerve interference. In addition, §6551(2) authorizes the use of x-ray by chiropractors “for the detection of structural imbalance, distortion, or subluxations in the human body.” The law authorizes chiropractors to work on extraspinal parts of the body, so long as the purpose of that treatment is “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.”
The core techniques of chiropractic involve spinal manipulation or adjustment. If a chiropractor were to provide peripheral treatments exclusively, without also addressing the vertebral column in any way, the practitioner might be culpable in practicing negligently or fraudulently, and may be liable for charges of practicing beyond the authorized scope…
You asked if the original intent of using the word “structural” in the Education Law was to “limit Chiropractic to the treatment of joints, and prohibit treatment to soft tissue injuries/maladies and organ systems.” However, the law does not limit chiropractors to treating joints or prohibit them from dealing with soft tissue. Article 155 of Education law authorizes the licensure of massage therapists, and includes chiropractors in the list of exempt persons, thereby recognizing chiropractors’ lawful right to provide soft tissue treatment as part of the practice of chiropractic so long as that treatment is consistent with the definition of the scope of practice set forth in Education Law section 6551(1).
If you have additional questions, please contact the Board Office as listed above.
Norman G. Cohen
Executive Secretary
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