11 PROPOSED ADMINISTRATIVE RULES NOTICE OF PUBLIC HEARING

 

2004-061 CH

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES COMMUNITY HEALTH

 

BOARD OF CHIROPRACTIC DIRECTOR’S OFFICE

 

CHIROPRACTIC - GENERAL RULES

 

Filed with the Secretary of State on

These rules take effect 7 days after immediately upon filing with the Secretary of State

 

(By authority conferred on the board of chiropractic by sections 16145 and 16423 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.16145 and 333.16423 of the Michigan Compiled Laws director of the department of community health by sections 16145(3) and 16401 of 1978 PA 368, MCL 333. 16145(3) and MCL 333.16401 et seq. and Executive Reorganization Order Nos. 1996- 1,1996-2, and 2003-18, MCL 333.3101, MCL 445.2001 and MCL 445.2011)

 

R 338.12001, R 338.12003, R 338.12005, R 338.12006, R 338.12008 and R 338.12008a of the

Administrative Code are amended and      R 338.12015 is added as follows.

 

NOTE: Effective September 1, 1991, the powers, duties and functions of the Michigan Department of Licensing and Regulation were transferred to the Michigan Department of Commerce, pursuant to Executive Order 1991-9. Effective May 15, 1996, the powers, duties and functions of the Michigan Department of Commerce were transferred to the Michigan Department of Consumer and Industry Services, pursuant to Executive Order 1996-2. After May 15, 1996, all reference made to either the Department of Licensing and Regulation or the Department of Commerce in law or rule shall be construed to mean the Michigan Department of Consumer and Industry Services.

 

R 338.12001 Definitions.

Rule 1. As used in these rules:

(a)      "Adjustment apparatus" means a tool or device used to apply a mechanical force to correct a subluxation or misalignment of the vertebral column or related bones and tissues for the establishment of neural integrity.

(b)     "Analytical instruments" means instruments which monitor the body's physiology for the purpose of determining subluxated or misaligned vertebrae or related bones and tissues.

(c)     "Code" means Act No. 368 of the Public Acts of 1978, as amended, being § 1978 PA 368, MCL

333.1101. et seq. of the Michigan Compiled Laws.

(d)    "Rehabilitative exercises" means the coordination of a patient's exercise program, the performance of tests and measurements, instruction and consultation, supervision of personnel, and the use of

 

February 23, 2005

exercise and rehabilitative procedures, with or without assistive devices, for the purpose of correcting or preventing a subluxated or misaligned vertebrae of the vertebral column.

 

 

R 338.12003 Licensure by examination.

Rule 3. (1) An applicant for licensure by examination shall submit a completed application on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and these rules, an applicant for licensure by examination shall meet both of the following provisions:

(a)    Have graduated from a program or institution of chiropractic that meets the educational standards in R 338.12006 and have final,  official transcripts provided to the department from the educational institution.

(b)    Shall meet one 1 of the following:

(i)      For applications filed on or before December 31, 2000, an applicant shall have achieved either of the following:

(A)   A passing score on the state examination which is approved by the Michigan board of chiropractic and which is administered by the department of consumer and industry services pursuant to community health under the provisions of R 338.12005(1).

(B)   Passing scores on parts I and II of the national board examination. The scores and verification shall be sent directly from the national board office to the chiropractic board office.

(ii)      For an application filed on or after January 1, 2001, an applicant shall have passed parts I, II, and III of the national board examination that is conducted and scored by the national board of chiropractic examiners.

(2) If an applicant fails to achieve a passing score on part III of the national board examination, then the applicant may petition the board for licensure. The board may grant the license if the applicant meets all other requirements for licensure and conclusively demonstrates, to the satisfaction of the board, that  failure to achieve a passing score on part III does not reflect the applicant’s ability to engage in the practice of chiropractic as defined in part 164 of the code.

(iii) For an application filed on or after January 1, 2006, an applicant shall have passed parts I, II, III and IV of the national board examination that is conducted and scored by the national board of chiropractic examiners.

 

R 338.12005 Examination adoption.

Rule 5. (1)  The board approves and adopts  the state examination conducted and scored  by the department of consumer and industry services. The passing score for the examination shall be a converted score of not less than 75.

(2)   The board approves and adopts the national board examination in chiropractic that is conducted and scored by the national board of chiropractic examiners. The passing score for the national board examination parts I, II, and III, and IV shall be a converted score of not less than 75.

 

R 338.12006 Adoption of educational standards by reference.

Rule 6. The board adopts by reference the standards of the council on chiropractic education, commission on accreditation, as specified in the publication entitled, "Standards for Doctor of Chiropractic Programs and Institutions, Requirements for Institutional Status" January 1999 2003 2004. The standards are available from The Council on Chiropractic Education, 7975 North Hayden Road, Suite A210, 8049 N. 85TH Way, Scottsdale, Arizona 85258 - 4321, or at the council’s website at    http://www.cce-usa.org at no cost. The standards are also available at Copies of the standards are available for inspection and distribution at cost from the Board of Chiropractic, Bureau of Health Services Professions, Department of Consumer and Industry Services Community Health, 611 West Ottawa Street, P. O. Box 30670, Lansing, Michigan MI 48909.

 

 

R 338.12008 License renewal and relicensure.

Rule 8. (1) An applicant for renewal of a license to practice chiropractic or an applicant for relicensure under section 16201(3) of the code shall have completed, in the 2-year period immediately preceding the application, 24 30 hours of continuing education in programs approved by the board.

(a)    An applicant for renewal of a license to practice chiropractic under section 16201(2) of the code shall have completed in each renewal period, as part of the required hours of continuing education, 1 continuing education hour on sexual boundaries, 1 continuing education hour on ethics, and 1 continuing education hour on pain and symptom management.

(b) Of the required hours of continuing education, not more than 6 continuing education hours may be in board-approved online computer programs.

(b) (c) This rule subrule does not apply to licensees who have obtained their initial chiropractic license within the 2-year period immediately preceding the expiration date of the initial license.

(2)   An applicant for relicensure under the provisions of section 16201(4) (3) of the code shall comply with either of the following requirements:

(a)     Have completed, in the 3-year period immediately preceding the application for relicensure, 36 42 hours of continuing education in programs approved by the board with not less than 24 hours in courses on chiropractic adjusting techniques. The following also apply:

(i) Have completed as part of the required hours of continuing education, 1 continuing education hour in sexual boundaries, 1 continuing education hour in ethics, and 1 continuing education hour in pain and symptom management.

(ii) Have completed as part of the required hours of continuing education, not more than 6 continuing education hours in board-approved online computer programs.

(b)     Have been continuously licensed and engaged in the practice of chiropractic in another state during the 3-year period immediately preceding the application for relicensure.

 

R 338.12008a Continuing education; approval of programs; acceptable and unacceptable programs.

(a) Successful The successful completion of a course or courses offered for credit in a chiropractic school approved by the board under R 338.12006.

(2) The board shall consider both of the following as continuing education:

(b)        (a) Successful completion of a continuing education program offered by a chiropractic school approved by the board under R 338.12006. The college school shall annually provide the department with the names of the programs as well as dates and times that the programs was were offered, and the locations of the training offered in Michigan.

(c)     (b) Renewal of a license held in another state that requires continuing education for license renewal which is substantially equivalent to the requirements of these rules if the applicant resides and practices in that state. One continuing education contact hour may be granted for each 50 to 60 minutes of program attendance, without limitation, at a continuing education program, which has been granted approval by another state board of chiropractic.

(2)      (3) The board shall consider requests for approval of continuing education programs by sponsors who submit applications on a form provided by the department. For purposes of this rule, 1 hour of continuing education is defined as 50 minutes.  The board shall evaluate applications for approval based upon all of the following:

(a)      Programs shall have content outlines and schedules.

(b)      Sponsors shall provide a listing of program materials.

 

 

(c)      Sponsors shall provide information relative to the method for monitoring attendance.

(d)      Sponsors shall furnish evidence of attendance to attendees.

(e)         Program instructors or presenters shall demonstrate qualifications and knowledge in the subject matter.

(f)      Programs shall relate to the general subject area of the practice of chiropractic.

(3)     (4) Programs considered for approval under subrules (1) and (2) of this rule shall not receive credit for those portions of programs covering subject areas that include practice building, marketing, administration, or financial advancement.

 

R 338.12015 Patient records.

Rule 15. (1) A licensee practicing chiropractic in Michigan shall maintain a patient record for each patient, which accurately reflects the licensee’s evaluation and treatment of the patient. Entries in the patient record shall be made in a timely fashion.

(2)   The patient record shall contain the patient’s full name, address, date of birth, sex, and other information sufficient to identify the patient; the date of every entry in the patient record; and, the name of the person making an entry if that person is not the licensee.

(3)    The patient record shall contain sufficient information to document the chiropractic care rendered, ordered, or prescribed.

(4)   A referral to another health care provider shall be reported in the patient record.

(5)   A licensee shall retain a patient record for at least 7 years from the date of the last chiropractic service for which a patient record entry is required.  A licensee shall retain the patient record for a minor patient until 1 year after the minor patient reaches 18 years of age, even if this means that the licensee retains the record for more than 7 years.