August 2008

NJ to permit extremity adjusting

On June 18, the New Jersey Supreme Court ruled that it is once again within the state's chiropractic scope of practice to diagnose, adjust and treat extraspinal joints, such as upper and lower limbs, as long as there is a nexus to the spine.

Chiropractors were prevented from offering such services after a 1999 lawsuit filed by a patient accused her chiropractor of injuring her knee during treatment. Eventually, the patient underwent arthroscopic surgery to repair a torn meniscus in her knee. Another surgery was needed to remove a cyst from behind the same knee.

A jury found for the doctor, but the appellate division reversed the opinion, concluding that chiropractors should only deal with the spinal column, not extremities. The appellate court said the trial judge should have informed the jury that the doctor acted outside the scope of legitimate chiropractic practice.

"The ruling by the appellate court contradicted the long-standing position of the New Jersey State Board of Chiropractic Examiners, which has operated under the regulation that allows chiropractors to treat articulations of the spine and related structures," said Steven Clarke, DC, president of the Association of New Jersey Chiropractors (ANJC).

The decision made New Jersey the only state in the country to prohibit performing extraspinal adjustments.

With the assistance of the ANJC, the appellate decision was taken to the New Jersey Supreme Court. During the appeal process, licensed chiropractors in the state of New Jersey had to halt adjusting articulations of extraspinal joints.

Sigmund Miller, DC, executive director of the ANJC, added, "This ruling permits highly skilled and trained chiropractors to be able to once again perform these procedures so patients can experience the kind of improved quality of life they've come to expect from receiving chiropractic care."