March 2003 Memorandum on Chiropractic Practice Alerts
TO: New York State Chiropractors; Chiropractic Colleges; Chiropractic Organizations; Chiropractic Students and Licensure Applicants; Other Interested Parties
FROM: Johanna Duncan-Poitier, Deputy Commissioner, Office of the Professions and Deputy Commissioner, Office of Higher Education
SUBJECT: Practice Alerts for Chiropractic in New York State
DATE: March 2003
The State Education Department and the State Board for Chiropractic have produced the attached practice alerts to provide useful information on good and recommended practices in the profession of chiropractic. While this information is not a substitute for an understanding of the law, rules and regulations governing the practice of chiropractic in New York State, it is a useful supplement that reflects common professional practice issues and concerns. These practice alerts can help chiropractors to better understand what might lead to professional practice complaints and to take steps to eliminate or minimize those situations.
These practice alerts reflect the collective experience of the members of the State Board for Chiropractic along with input from a variety of sources, including chiropractic organizations and practitioners, chiropractic educators, Office of the Professions' staff, and other State Boards for the Professions.
Practice alerts provide licensees with general guidance to promote good practice and prevent instances of professional misconduct 1. They can also benefit licensees and consumers by broadening their understanding of the law, rules and regulations that define professional practice, including professional misconduct and unprofessional conduct.
Practice alerts do not have the force of law. While the alerts may be a resource in understanding good professional conduct in relation to the professional discipline process, they may not be used as the basis for a charge of or a defense against a charge of professional misconduct. A licensee can only be charged with professional misconduct if there is a violation of the Education Law or Regents Rules. Determinations of which complaints lead to professional misconduct charges are made on a case-by-case basis in accordance with Section 6510 of the Education Law.
For a full understanding of the application of practice alerts, please review the memorandum regarding the purpose and use of practice guidelines, which also pertains to practice alerts.
We hope you find these Practice Alerts useful. If in doubt about the appropriateness of specific practices, you should consult the actual laws, rules or regulations. You may direct any questions and comments to the State Board for Chiropractic, at 518-474-3817 ext. 190, by fax to 518-473-0567 or by e-mail at firstname.lastname@example.org.
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1 Practice alerts are not intended to establish a standard for the evaluation of issues in civil liability lawsuits involving claims of negligence or malpractice. The intent is to provide a frame of reference to be used with other appropriate considerations for assessment of issues relating to professional misconduct and unprofessional conduct as defined by law, rules or regulations.