Almost all subluxation-based D.C.s feel strongly that, while most
patients come to them because they are in pain or ill health, the service
they provide goes far beyond relieving symptoms. Instead, it can be a
vital part of a person's wellness regimen, as important as good diet,
regular exercise and proper stress management.
That's why they were shocked by the recent declaration by the
chiropractic regulating board in New York State that providing
chiropractic adjustments to asymptomatic persons is "misconduct which
goes to the heart of the profession."
The ruling by the Office of Professions of Board of Regents and the New
York State Education Department is the regulatory agency that oversees
chiropractic, a member of the FCLB, came in January 2002, in a case
against a New York doctor who was subsequently suspended for 24 months.
While his willingness to care for asymptomatic patients was only one of
the charges he faced, it was the one that caused the most outrage
throughout the chiropractic profession.
Looking at the topic from a philosophical point of view, the charge is
absolutely unfounded and contradicts the historical function of
subluxation-corrective care. Looking at it from a risk management
viewpoint, the notion that D.C.s are limited to caring for persons who
present symptoms is equally groundless and should be easily argued before
any board or court of law.
It is hoped that the outcry over this absurd ruling will prevent
similar decrees from becoming a widespread occurrence in state boards.
However, if you should be criticized or charged with such
"misconduct," it is important to take a strong stand, both for
your own sake and for the sake of your colleagues.
One powerful tool you can use in your defense is the newly-developed
World Chiropractic Alliance Position Paper on Asymptomatic Patients, which
lays out specific arguments showing clearly that "the presence of
symptoms and/or a medical diagnosis should not be a factor in determining
the need for chiropractic care, and that the presence of symptoms should
never be required by any chiropractic board, insurance company or court of
law to justify chiropractic care to any patient."
The paper also provides references for several other documents —
including the ACC paradigm, the CCP Guidelines and medical research
studies — that support the use of chiropractic in asymptomatic patients.
Before facing any board inquiry or legal suit, be sure to download and
print out copies of all supportive material and be prepared to use them to
argue your case. If, in fact, the charges stem solely from your delivery
of chiropractic care to asymptomatic patients, these documents should help
you successfully defend yourself.
The
complete text of the position paper is available on the World Chiropractic
Alliance website
(Timothy J. Feuling is vice president of Chiropractic Benefit Services
(CBS) and the World Chiropractic Alliance. He assists doctors in
maximizing their practices through the proper choice of insurance and
related services. Doctors may contact him with questions, comments, and
requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ
85224, by phone at 800-883-0412 or by e-mail: feuling@cbsmalpractice.com).