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)
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.