NEW JERSEY REGISTER
VOLUME 36, NUMBER 2
TUESDAY, JANUARY 20, 2004
PUBLIC NOTICE

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NOTICE OF RECEIPT OF PETITION FOR RULEMAKING
STATE BOARD OF CHIROPRACTIC EXAMINERS

N.J.A.C. 13:44E-1.1 Scope of Practice

N.J.A.C. 13:44E-3.2 Recognized Diagnostic Tests; Permissible Billing

Petitioners: Aldo R. Scopelliti, DC, DACNB, President, New Jersey Chiropractic Society's Council on Neurology.

Take notice that on November 14, 2003, Dr. Aldo R. Scopelliti requested that the State Board of Chiropractic Examiners (the Board) amend N.J.A.C. 13:44E- 1.1 to delete the phrase "invasive electromyography (EMG)" from the scope of practice list of diagnostic and analytical procedures that a chiropractor may order but not perform. In addition, the petitioner requests that N.J.A.C. 13:44E-3.2 be amended to include the following to the list of diagnostic tests for which a chiropractic physician may bill: "Needle insertion EMG provided that the licensee is a diplomat in Neurology, or has completed a curriculum of study in electrodiagnosis that includes 'needle insertion EMG' given by an accredited college, or other institution or course, approved by the board." The petitioner asserts that the 1998 ban on chiropractic physicians performing needle EMG testing was arbitrary, capricious, and without any medical or scientific basis. Furthermore, the petitioner submits that its constituent members, who are all licensed chiropractic physicians in the State of New Jersey, have been and will in the future: (1) suffer professional discrimination by the unwarranted ban on needle EMG testing which is within the scope of their licensure and education; (2) be economically harmed by the regulation in its present status in the form of lost patients and/or inability to perform medically necessary testing within the scope of their education and licensure; and (3) suffer a break in the continuity of care, patient relations, and overall medical management of patients must be referred to other medical providers for needle EMG testing consultations. The petitioner offered the above-specified changes to the regulations to alleviate these concerns.

In accordance with N.J.A.C. 1:30-4.2, the Board shall subsequently mail to the petitioner and file with the Office of Administrative Law a notice of action on the petition.



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