The future of chiropractic is dependent upon preserving our unique
contribution to the human experience -- the analysis and correction of
vertebral subluxations. Unfortunately, imprecise terminology and ambiguous
legislation has made this task challenging. In some circles, the term
"manipulation" is used interchangeably with "chiropractic
adjustment."
Imprecision in differentiating a chiropractic adjustment directed
toward the correction of vertebral subluxation from joint manipulation has
resulted in other professions claiming the ability to provide this
service. Some managed care organizations have used non-D.C. providers to
render "chiropractic manipulation," while groups of physical
therapists assert that they address vertebral subluxations.
Through the efforts of the various chiropractic organizations in New
Jersey, working together in the New Jersey Chiropractic Forum, a bill has
been introduced which clarifies the difference between joint manipulation
and spinal adjustments to correct vertebral subluxations. Furthermore, it
provides that only a licensed chiropractor may perform spinal adjustments
to correct vertebral subluxations.
The implications of this legislation are profound. It is my hope that
it will serve as a model for similar legislation in every jurisdiction
where chiropractic is regulated.
-----
Following is the text of the bill and statement:
Bill S2693
An Act concerning spinal adjustments and manipulations and
supplementing P.L.1989, c.153 (C.45:9-41.17 et seq.) and P.L.1978, c.73
(C.45:1-14 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. The Legislature finds that it is in the public interest to protect
health care consumers from the unauthorized, unqualified, incompetent and
improper application of spinal adjustments and manipulations of the spine.
The Legislature declares that the provisions of this act clarify and
reemphasize section 19 of P.L.1939, c.115 (C.45:9-14.5) and that this act
should be construed in conjunction with that act and P.L.1989, c.153
(C.45:9-41.17 et seq.).
2. a. Notwithstanding any other law or regulation to the contrary, no
person, other than a chiropractor licensed by the State Board of
Chiropractic Examiners pursuant to P.L.1989, c.153 (C.45:9-41.17 et seq.),
or a osteopathic or medical physician licensed by the State Board of
Medical Examiners pursuant to R.S. 45:9-1 et seq. shall perform a spinal
manipulation on an individual.
b. Notwithstanding any other law or regulation to the contrary, no
person, other than a chiropractor licensed by the State Board of
Chiropractic Examiners pursuant to P.L.1989, c.153 (C.45:9-41.17 et seq.),
shall perform a spinal adjustment on an individual to correct a vertebral
subluxation.
c. For the purposes of this section, "spinal adjustment"
means the application of a precisely controlled force applied by hand or
by mechanical device to a specific focal point on the anatomy for the
express purpose of creating a desired angular movement in skeletal joint
structures in order to eliminate or decrease interference with neural
transmission and correct or attempt to correct a vertebral subluxation;
spinal adjustment utilizes, as appropriate, short lever force, high
velocity force, short amplitude force or specific line-of-correction force
to achieve the desired angular movement, as well as low force
neuromuscular reflex technique procedures; "spinal manipulation"
means the application of a direct thrust or leverage to move a joint of
the spine at the end of passive movement, but without exceeding the limits
of anatomical integrity; and "vertebral subluxation" means a
complex of functional, structural or pathological articular changes, or a
combination thereof, that compromise neural integrity and may influence
organ system function and general health.
3. A board subject to the provisions of P.L.1978, c.73 (C.45:1-14 et
seq.), after notice and hearing pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall revoke,
suspend or otherwise condition a person's license, certificate or
registration issued by that board upon proof that the person has violated
section 2 of P.L. , c. (C. ) (now before the Legislature as this bill).
4. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill allows only licensed chiropractors, osteopathic physicians
and medical physicians to perform spinal manipulations and allows only
licensed chiropractors to perform spinal adjustments to correct vertebral
subluxations. Spinal adjustment is defined as the application of a
precisely controlled force applied by hand or by mechanical device to a
specific focal point on the anatomy for the express purpose of creating a
desired angular movement in skeletal joint structures in order to
eliminate or decrease interference with neural transmission and correct or
attempt to correct a vertebral subluxation; spinal adjustment utilizes, as
appropriate, short lever force, high velocity force, short amplitude force
or specific line-of-correction force to achieve the desired angular
movement, as well as low force neuromuscular reflex technique procedures.
Spinal manipulation is defined as the application of a direct thrust or
leverage to move a joint of the spine at the end of passive movement, but
without exceeding the limits of anatomical integrity. Vertebral
subluxation is defined as a complex of functional, structural or
pathological articular changes, or a combination thereof, that compromise
neural integrity and may influence organ system function and general
health.
In addition to being subject to penalties imposed by the State Board of
Chiropractic Examiners, the bill requires the professional board of any
violator to revoke, suspend or otherwise condition that individual's
license upon proof of a violation of the provisions of this bill. This
bill does not intend to modify the scope of practice of any medical
professional licensed by the State Board of Medical Examiners or the scope
of practice of any other health care profession or occupation.
Permits only licensed chiropractors to perform spinal adjustments to
correct vertebral subluxations.
(Dr. Christopher Kent, president of the Council on Chiropractic
Practice, is a 1973 graduate of Palmer College of Chiropractic. The WCA's
"Chiropractic Researcher of the Year" in 1994, and recipient of
that honor from the ICA in 1991, he was also named ICA "Chiropractor
of the Year" in 1998. Dr. Kent is director of research for EMG
Consultants, Inc., and a co-founder of Paradigm Partners, Inc. and the
Chiropractic Leadership Alliance. With Dr. Patrick Gentempo, Jr., Dr. Kent
produces a monthly audio tape journal, "On Purpose," covering
current events in science, philosophy, and politics of vital interest to
the practicing chiropractor. For subscription information call
800/892-6463.)