Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following words and terms, when used
in this section, shall have the following meanings unless the context clearly
indicates otherwise:
1. "Chiropractic aide"
means any person who does not hold a valid New Jersey chiropractic or
chiropractic assistant license, or a license, certification, or registration
issued pursuant to law that authorizes the performance of acts that, absent
such authorization, would be unlawful.
2. "Licensed chiropractic assistant" means a
person who is licensed pursuant to the provisions of
sections
5 through
8 of
P.L.
2015, c. 283 and the
rules set forth in this subchapter and in NJ.A.C. 13:44E-4 to practice
chiropractic assistance under the supervision of a licensed
chiropractor.
3. "Plan of care"
means a documented treatment plan designed by a licensed chiropractor for the
treatment of a patient.
4.
"Supervision" means the oversight provided by a licensed chiropractor of the
clinical services performed by a licensed chiropractic assistant, and for which
the chiropractor shall be on the premises at all times and readily available to
instruct the licensed chiropractic assistant throughout the performance of the
clinical services.
(b)
Under the supervision of, and when delegated by, a licensed chiropractor, a
licensed chiropractic assistant may perform tasks or functions including, but
not limited to, the following:
1. Completing
a medical history of a patient;
2.
Preparing the patient for chiropractic care;
3. Writing into the patient record subjective
complaints from the patient and objective findings provided by the
licensee;
4. Performing a urinary
dipstick analysis;
5. Taking and
recording vital signs;
6. Preparing
and developing X-ray films;
7.
Providing patient education activities;
8. Providing instruction in activities of
daily living;
9. Administering
cryotherapy, hot packs, non-fulcrum mechanical traction without restraints
(such as roller tables and roller chairs) and non-invasive surface
screening;
10. Setup and
preparation of the patient for the administration of physical
modalities;
11. Administering
thermal, sound, light, mechanical, and electrical modalities and hydrotherapy,
including, but not limited to, the following:
i. Ultraviolet (B and C bands) or
electromagnetic rays including, but not limited to, deep heating agents,
microwave diathermy, short-wave diathermy, and ultrasound;
ii. Electro-therapy devices powered by an
alternating current or any interferential devices, as set forth in (a) above;
or
iii. Decompression therapy
devices or mechanical traction; and
12. Instructing and monitoring prescribed
rehabilitative exercises.
(c) Under the supervision of, and when
delegated by, a licensed chiropractor, a chiropractic aide, including a
graduate of a recognized program of study in chiropractic, may perform tasks or
functions including, but not limited to, those functions and tasks listed in
(b)1 through 10 above. A licensed chiropractor shall not permit a chiropractic
aide, including a graduate of a recognized program to study chiropractic, to
perform the tasks listed in (b)11 and 12 above.
1. If a licensed chiropractor employs a
chiropractic aide, the aide is to be supervised by a licensed chiropractor who
shall be on the premises at all times and readily available. Such supervision
shall entail regular consultation, guidance, and instruction with respect to
the tasks and functions performed by the aide.
(d) A licensed chiropractor shall not permit
a chiropractic aide or licensed chiropractic assistant to:
1. Examine, diagnose, or analyze a
patient;
2. Notwithstanding (a)1
above, perform massage, unless licensed as a massage and bodywork therapist in
this State by the Board of Massage and Bodywork Therapy pursuant to
N.J.S.A.
45:11-53 to 80.
3. Take X-rays (unless permitted by license
issued by the Department of Environmental Protection);
4. Perform a chiropractic adjustment;
or
5. Perform any task or function
for which the skill, training, and judgment of a licensed chiropractor is
required to safely and competently perform such task or function.
(e) A licensed chiropractor who
allows a chiropractic aide or licensed chiropractic assistant to perform any
task or function incidental to the rendering of chiropractic care shall:
1. Be responsible for the performance of all
delegated tasks or functions performed by such individual;
2. Supervise chiropractic aides and licensed
chiropractic assistants; and
3.
Ensure that such individual is competent to perform all delegated tasks or
functions. The licensed chiropractor shall provide any instruction or training
necessary to ensure competence and shall make such inquiry as may be necessary
to ensure that a satisfactory level of education exists so as to conclude that
the chiropractic aid and licensed chiropractic assistant may render any
delegated tasks or functions with reasonable skill and safety.
(f) A licensed chiropractor shall
write all instructions for duties to be performed by chiropractic aides and
licensed chiropractic assistants in the plan of care and shall make the plan
available at all times to the chiropractic aide and licensed chiropractic
assistant carrying out the instructions.
(g) Prior to the performance of any delegated
tasks or functions by a chiropractic aide or licensed chiropractic assistant,
the aide or assistant shall determine whether the patient's physical status has
materially changed since the patient's prior office visit. In such event, the
chiropractic aide or licensed chiropractic assistant shall not proceed with the
performance of any delegated tasks or functions until the licensed chiropractor
has reexamined the patient or authorized the performance of a delegated task or
function.
(h) Notwithstanding the
provisions of (a) through (g) above, a student enrolled in a chiropractic or
chiropractic assistant program approved by the Board may perform clinical
services under the supervision of a licensed chiropractor to gain the necessary
practical clinical experiences.
