Arizona Board of Chiropractic Examiners
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 substantive policy statement is 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.
Notice:Substantive policy statements are not laws. The Laws governing the practice of chiropractic in Arizona are listed in Statue and Rule and may be found by using the Statues link (to the left) and the Rules of the Board link (above). Licensees are noticed that relying on a substantive policy statement is not cause or defense for failing to comply with the laws.
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. PRACTICE GUIDELINES
8. 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.
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
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.