Current through Register Vol. 56, No. 6, March 18, 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.
