March 2006
see also:
WCA files second complaint against Craw in Calif.
and Complaint against Maggie Craw, DC
DACBR describes Craw encounter
NOTE: The following
letter, addressed to the Executive Committee of the American
Chiropractic
College of Radiology and posted on
the ACCR's website www.dacbr.com/2005_workshop/Reports/CA%20radiologist%20problems.pdf,
describes another experience with Dr. Craw.)
Dear ACCR Executive
Committee,
I recently received a
letter from a defense attorney in a Work Comp case in which I read some
imaging for the plaintiff's primary care chiropractor. He notes that my
services as a "radiologist" do NOT appear to be within the scope of practice
pursuant to Section 302 of the Laws & Regulations Relating to the Practice
of Chiropractic in the State of California. He also requests any information
I have regarding the ACBR being recognized by the Chiropractic Board of
California.
I thought "no problem,"
I'll just call Maggie Craw, DC, DACBR at the California Board and get the
information this attorney is requesting in writing. To my absolute aghast,
Maggie explained that this attorney was absolutely correct in stating that
practicing as a "radiologist" is indeed NOT within our scope of practice AND
that the ACBR is not officially recognized by the California Board.
Furthermore, she faxed
me an August 26, 1976 California Attorney General opinion (Vol. 59, p.422)
stating that:
"In the face of these
extensive authorities, no basis, legal or otherwise, appears to exist upon
which to extend the scope of the chiropractic practice. Thus, such practice
continues to be limited to that which is stated in the Crees opinion. By
virtue of this definition of the 'art' which a chiropractor is licensed to
practice, it appears clear that the 'art' and practice necessarily involved
in the specialized medical fields of neurology, cardiology, pediatrics,
dermatology, syphilology, endocrinology, psychiatry, gynecology, obstetrics,
orthopedics, ophthamology, and roentgenology are outside the scope of the
practice of chiropractic, and may NOT be practiced."
Maggie went on to
inform me that she has been aware of these facts for a period of time, but
the Board is just too busy putting out bigger fires. She also added that we,
as chiropractic radiologists, in essence raise the standard of care in our
profession with our services. Given these circumstances, coupled with the
fact that this had not seriously come up before the Board in any concrete
manner until just recently (with me and one other individual), she elected
to "sit on it" and "not make waves."
Though I fully
understand, respect, and appreciate Dr. Craw's handling of this situation
(for obvious reasons), I feel that we as a College of
Radiology
under the leadership of our Executive Committee might want to take a closer
look at this situation. The way our scope of practice is written & legally
interpreted in California
(and maybe in other states as well), literally any attorney (or allopathic
medical practitioner for that matter!) could press the issue the we as
chiropractic radiologists are essentially illegally practicing a "medical
specialty" without a license and/or proper credentialing. At the very least,
our billing for personal injury, workman's comp., or insurance cases could
be thrown out indiscriminately as a matter of legal & common practice, and
at the most we could lose all practical privileges of being radiological
consultants and possibly be prosecuted under the current interpretation of
our scope of practice.
Sorry for the length,
but I think this is fairly important. I really appreciate your time &
consideration on this matter.
Sincerely,
Steven L. Weiner, DC,
DACBR