MINNESOTA BOARD OF CHIROPRACTIC EXAMINERS
2829 University Avenue SE - #300, Minneapolis, Minnesota 55414-3220
A March 12, 2003 communication from Micki King, Health Program Representative noted that, "in a response to a request as to the scope of practice in the State of Minnesota regarding Craniopathy and TMJ evaluation and mobilization the board noted that they are "prohibited from rendering global opinions and legal advice on [their] statutes and rules in the absence of a complaint. In the review of a complaint, we are permitted to render an opinion limited to that specific situation only.
"In response to your question, we can only direct you to the
pertinent statutes from which you may obtain private legal advice or
interpretation.""Please refer to Minnesota Statute 148.01 subdivision 1
and 3, and Rules 2500.0100, subdivision 9b and 11." [The statutes
follow]
On April 1, 2003 a communication from Micki King, Health
Program Representative,
which was a response for greater clarification, was received and
pertinent
excerpts are as follows:
Per Minn. Stat. 148.01, subd 1, "for the purposes of sections 148.01
to 148.10, "chiropractic" is defined as the science of adjusting any
abnormal articulations of the human body, especially those of the
spinal column,..."
It is generally agreed upon premise that
chiropractic, although primarily concerned with the spinal column, is
not limited to the spinal column as indicated by the phrase "any
abnormal articulations of the human body".
Per Minn. Stat. 148.01, subd 2, "The practice of chiropractic may
include procedures which are used to prepare the patient for the
chiropractic adjustment or to complement the chiropractic adjustment".
Though not a complete list, a description of the
services intended by the above rule are detailed in the Administrative
Rule 2500.0100, subp 11. We are not permitted to render an
opinion in the absence of a complaint, as to whether TMJ or craniopathy
procedures would fall within this rule.
CHIROPRACTIC PRACTICE ACT - MINNESOTA STATUTES (Rev. August, 2001)
148.01 CHIROPRACTIC.
Subdivision 1. For the purposes of sections 148.01 to 148.10,
"chiropractic" is defined as the science of adjusting any abnormal
articulations of the human
body, especially those of the spinal column, for the purpose of giving
freedom
of action to impinged nerves that may cause pain or deranged function.
Subd. 3. Chiropractic practice includes those noninvasive means of
clinical, physical, and laboratory measures and analytical X-ray of the
bones of the skeleton, which are necessary to make a determination of
the presence or absence
of a chiropractic condition. The practice of chiropractic may include
procedures,
which are used to prepare the patient for chiropractic adjustment or to
complement
the chiropractic adjustment. The procedures may not be used as
independent
therapies or separately from chiropractic adjustment. No device which
utilizes
heat or sound shall be used in the treatment of a chiropractic
condition
unless it has been approved by the Federal Communications Commission.
No
device shall be used above the neck of the patient. Any chiropractor
who utilizes
procedures in violation of this subdivision shall be guilty of
unprofessional conduct and subject to disciplinary procedures according
to section 148.10.
MINNESOTA BOARD OF CHIROPRACTIC EXAMINERS
ADMINISTRATIVE RULES (REV. JANUARY 2003)
Subp. 9b. Practice of chiropractic. "Practice of chiropractic" includes
the examination, diagnosis, prognosis, and treatment by chiropractic
methods, or the rendering of opinions pertaining to those methods, for
the purposes of determining a course of action in the best interests of
the patient, such as a treatment plan or appropriate referral, or both.
The methods may include those procedures preparatory or complementary
to a chiropractic adjustment or other normal chiropractic regimen and
rehabilitation of the patient as taught in accredited chiropractic
schools or programs, pursuant to Minnesota Statutes, section 148.06.
Subp. 11. Rehabilitative therapy. "Rehabilitative therapy" means
therapy that restores an ill or injured patient to the maximum
functional improvement by employing within the practice of chiropractic
those methods, procedures, modalities, devices, and measures which
include mobilization; thermotherapy; cryotherapy; hydrotherapy;
exercise therapies; nutritional therapy; meridian therapy; vibratory
therapy; traction; stretching; bracing and supports; trigger point
therapy; massage and the use of forces associated with low voltage
myostimulation,
high voltage myostimulation, ultraviolet light, diathermy, and
ultrasound;
and counseling on dietary regimen, sanitary measures, occupational
health,
lifestyle factors, posture, rest, work, and recreational activities
that
may enhance or complement the chiropractic adjustment.