Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The term musculoskeletal manipulation
(MSM) is the system of application of mechanical forces applied manually
through the hands or through any mechanical device to enhance physical
performance, prevent, cure, or relieve impaired or altered function of related
components of the musculoskeletal system of animals. MSM when performed upon
animals constitutes the practice of veterinary medicine.
(b) MSM may only be performed by the
following persons:
(1) A veterinarian who has
examined the animal patient and has sufficient knowledge to make a diagnosis of
the medical condition of the animal, has assumed responsibility for making
clinical judgments regarding the health of the animal and the need for medical
treatment, including a determination that MSM will not be harmful to the animal
patient, discussed with the owner of the animal or the owner's authorized
representative a course of treatment, and is readily available or has made
arrangements for follow-up evaluation in the event of adverse reactions or
failure of the treatment regimen. The veterinarian shall obtain as part of the
patient's permanent record, a signed acknowledgment from the owner of the
patient or his or her authorized representative that MSM is considered to be an
alternative (nonstandard) veterinary therapy.
(2) A California licensed doctor of
chiropractic ("chiropractor") working under the direct supervision of a
veterinarian. A chiropractor shall be deemed to be working under the direct
supervision of a veterinarian where the following protocol has been followed:
(A) The supervising veterinarian shall comply
with the provisions of subsection (b)(1) prior to authorizing a chiropractor to
complete an initial examination of and/or perform treatment upon an animal
patient.
(B) After the chiropractor
has completed an initial examination of and/or treatment upon the animal
patient, the chiropractor shall consult with the supervising veterinarian to
confirm that MSM care is appropriate, and to coordinate complementary
treatment, to assure proper patient care.
(C) At the time a chiropractor is performing
MSM on an animal patient in an animal hospital setting, the supervising
veterinarian shall be on the premises. At the time a chiropractor is performing
MSM on an animal patient in a range setting, the supervising veterinarian shall
be in the general vicinity of the treatment area.
(D) The supervising veterinarian shall be
responsible to ensure that accurate and complete records of MSM treatments are
maintained in the patient's veterinary medical
record.
(c)
Where the supervising veterinarian has ceased the relationship with a
chiropractor who is performing MSM treatment upon an animal patient, the
chiropractor shall immediately terminate such treatment.
(d)
(1) A
chiropractor who fails to conform with the provisions of this section when
performing MSM upon an animal shall be deemed to be engaged in the unlicensed
practice of veterinary medicine.
(2) A veterinarian who fails to conform with
the provisions of this section when authorizing a chiropractor to evaluate or
perform MSM treatments upon an animal shall be deemed to have engaged in
unprofessional conduct.
1. New section
filed 5-6-98; operative 6-5-98 (Register 98, No.
19).
Note: Authority cited: Section
4808,
Business and Professions Code. Reference: Sections
4825,
4826
and
4883,
Business and Professions Code.