Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0070 - Scope of Practice Regarding Examinations, Tests, Substances, Devices and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may examine any diagnostic and/or therapeutic examination, test,
			 substance, device or procedure (ETSDP) to determine its acceptability for
			 patient care. The Board may require a chiropractic physician to provide
			 information on any ETSDP for determination of its status, taking into account
			 all relevant factors and practices, including, but not limited to: the
			 practices generally and currently followed and accepted by persons licensed to
			 practice chiropractic in the state, the teachings at chiropractic schools
			 accredited by the Council on Chiropractic Education or its successor, relevant
			 technical reports published in recognized journals, and the desirability of
			 reasonable experimentation in the furtherance of the chiropractic arts and
			 sciences.
(2) A chiropractic
			 physician may use any diagnostic and/or therapeutic ETSDP which is considered
			 standard. A standard diagnostic and/or therapeutic ETSDP is one in which one or
			 more of the following criteria have been satisfied:
(a) Is taught or has been taught by a
			 chiropractic school accredited by the Council on Chiropractic Education or its
			 successor, or health professions' courses taught by regionally accredited
			 colleges with subject matter that is within the scope of chiropractic practice
			 and has not been disapproved by the Board; or
(b) Has been approved by the Board through
			 the petition process:
(A) The petition
			 requires a formalized agreement of 10% or more of the chiropractic physicians,
			 holding an active chiropractic license in Oregon, attesting to the safety and
			 efficacy of a particular ETSDP. The petition shall be submitted in writing to
			 the Board by any party wishing to establish any ETSDP as standard. It is the
			 responsibility of the petitioner to gather the required evidence and supporting
			 statements. It is the sole responsibility and discretion of the Board to review
			 the sufficiency of the evidence in the petition and to make a determination
			 whether to concur and affirm the ETSDP as standard or to deny the petition. The
			 Board may, but is not required to, hold a public hearing on any petition. The
			 Board shall make its determination and reply to the petitioner within 180 days
			 of receipt of the petition unless the Board and the petitioner mutually agree
			 to extend the deadline.
(B) The
			 petition shall specifically address the following issues:
(i) The kind of ETSDP that is the subject of
			 the petition, i.e., whether it is an examination, a test, a substance, a
			 device, a procedure, or a combination thereof;
(ii) A detailed description of the proposed
			 ETSDP;
(iii) The clinical
			 justification for the ETSDP;
(iv) A
			 method for determining appropriate termination of care and/or consultation with
			 other providers with special skills/knowledge for the welfare of the
			 patient;
(v) Whether the proposed
			 ETSDP is to be used by itself or used in addition to any other generally
			 accepted or standard ETSDP;
(vi) A
			 description of known or anticipated contraindications, risks, and
			 benefits;
(vii) A description of
			 any subpopulations for which greater risk or benefit is expected;
(viii) A description of any standard ETSDP
			 for the equivalent condition together with its relative risks and benefits;
			 and
(ix) An assessment of the
			 expected consequences of withholding the proposed ETSDP.
(c) Is supported by adequate
			 evidence of clinical efficacy as determined by the Board. In determining
			 adequacy, the Board may consider whether the ETSDP:
(A) Has clinical justification;
(B) Has valid outcome assessment
			 measures;
(C) Is supported in peer
			 reviewed literature;
(D) Is
			 consistent with generally recognized contraindications to chiropractic
			 procedures; and
(E) The potential
			 benefit outweighs the potential risk to the patient.