Test Your Knowledge of Law and Practice - Answers
- Pursuant to Education Law, Article 130, section 6502, to practice
in this State, all licensees must register with the New York
- Education Department.
- Health Department.
- Office of Professional Discipline.
- Workers' Compensation Board.
a. The New York State Education Department is authorized by law to regulate chiropractic and 40 other licensed professions
- Pursuant to Education Law, Article 130, section 6502, a license shall
be valid during the life of the holder unless
- the Board of Regents revokes, annuls, or suspends the license.
- the Education Department files charges against the licensee.
- the licensee exclusively provides pro bono (free) services.
- The licensee practices less than one day per month.
a. Only the Regents may revoke, annul, or suspend a license.
- Education Law, Article 130, section 6505(a), permits professional associations
to make referrals without liability or cause of actions or damages. Which
one of the following conditions is INCORRECT regarding that section?
- The referral is made to a member of the profession represented by that association.
- The fee for the referral is considered reasonable.
- The referral is made without malice.
- There is reasonable belief the referral is warranted.
b. Education Law does not permit the offering or receiving of any compensation for referrals of patients.
- Education Law, Article 132, section 6551(2)(c), requires a chiropractor
to retain all X-ray films taken in the course of practice for which one
of the following periods?
- 1 Year.
- 3 Years.
- 5 Years.
- no requirements.
b. While all other patient records must be retained for 6 years, X-ray films must be retained for 3 years
- To charge a chiropractor with professional misconduct in New York State,
one must file a formal complaint with the New York State
- Office of the Attorney General.
- Health Department, Office of Professional Medical Conduct.
- Education Department, Office of Professional Discipline.
- Insurance Department.
c. Education Law authorizes the Education Department's Office of Professional Discipline to investigate and prosecute all complaints of professional misconduct for chiropractic and 34 other licensed professions.
- Pursuant to Education Law, Article 132, section 6551, which one of the
following is expressly prohibited?
- removing nerve interference in extremities.
- using mechanical means to treat patients.
- using any form of ionizing radiation except X-ray to detect chiropractic conditions.
- ordering Magnetic Resonance Imaging (MRI) series.
c. X-ray is the only form of ionizing radiation permitted for use by licensed chiropractors. All others are prohibited
- Pursuant to Education Law, Article 132, section 6551(3), chiropractors
licensed in New York State may treat
- communicable or infectious diseases.
- structural imbalance in the human body.
- cardio-vascular-renal diseases.
- fractures or dislocations.
b. Chiropractors may treat structural imbalance, distortion, or subluxations in the human body for the purpose of removing nerve interference... where such interference is the result of or related to distortion, misalignment or subluxation of or in the vertebral column.
- Pursuant to Education Law, Article 132, sections 6552 and 6555, the
only individuals permitted to practice chiropractic in New York State
without a license are
- Receptionists under a chiropractor's supervision.
- chiropractors licensed in other states.
- students enrolled and supervised in a New York chiropractic college clinical program.
- graduates of chiropractic colleges who have completed all requirements for licensure except examination.
c. The law is explicit in exempting only students enrolled in a professional chiropractic program in this State.
- Pursuant to the Rules of the New York State Board of Regents Part 29.1(b),
unprofessional conduct includes all of the following except
- failing to make available to a patient upon request, copies of documents paid for by that patient
- accepting and performing professional responsibilities the licensee knows s/he is not competent to perform.
- giving or receiving a fee to or from a third party for the referral of a patient.
- sharing professional fees with a partner, employee, associate in a professional corporation, or professional consultant authorized to practice the same profession.
d. Fees may be "split" with those listed as this does not artificially add to the consumers' costs for professional services.
- Pursuant to the Rules of the New York State Board of Regents Part 29.2(a),
unprofessional conduct includes all of the following except
- failing to maintain a record for each patient which must be retained for at least six years.
- using the word "Doctor" in offering to perform professional services without also including the profession in which the licensee holds a doctorate.
- guaranteeing that satisfaction will result from the performance of professional services.
- charging fees higher than usual and customary for the region.
d. Education law does not address fee setting in its definition of professional misconduct.
- Pursuant to Education Law, Article 130, section 6509, each of the following
constitutes professional misconduct except
- committing a single act of negligence, not amounting to gross negligence.
- being convicted of a crime under Federal Law.
- practicing while impaired by alcohol, drugs, or physical or mental disability.
- permitting an unlicensed person to perform activities requiring
a. Both negligence on more than one occasion and gross negligence on a particular occasion are included within the definition of professional misconduct. However, a single act of negligence not amounting to gross negligence is not included in that definition.
- In New York State, a licensed chiropractor may employ an unlicensed
person to perform all of the following functions except
- providing ultrasound therapy.
- scheduling patient appointments.
- filing and bookkeeping.
- recording results of electrodiagnostic tests without interpreting those results.
a. Unlicensed persons may not engage in providing therapy requiring professional judgement and, therefore, that is restricted to licensees
- Which one of the following titles is not permitted to be used by chiropractors
licensed in New York State?
- Licensed Chiropractor
- Chiropractic Physician
- Doctor of Chiropractic
c. The title "physician" is restricted for use by licensees in the medical profession.
- Which one of the following specialization credentials is not permitted
for use in New York State?
- Diplomate of the American Board of Chiropractic Orthopedists (DABCO)
- Diplomate of the American Chiropractic Board of Roentgenologists (DACBR)
- Certified Chiropractic Sports Practitioner (CCSP)
- Certified Chiropractic Acupuncturist
d. Acupuncture is not within the lawful scope of chiropractic practice in this State.
- Which one of the following persons is prohibited from being employed
by a chiropractor?
- Doctor of Osteopathy
- Licensed Massage Therapist
- General Radiologic Technologist
a. A licensee in one profession may not employ a licensee from another profession whose scope of practice exceeds his/her own. The scope of medical practice is broader than the scope of chiropractic practice.
- A chiropractor may share fees with all of the following, except
- a partner
- a professional employee
- associate in a professional corporation
- a massage therapist renting space in his building
d. A massage therapist renting space in his building.
- Which one of the following services is not within the lawful scope of
chiropractic in New York State?
- use x-rays
- use fluoroscopy
- provide nutritional services and products
- use a clinical lab to analyze blood for diagnostic purposes
b. Use fluoroscopy.
- Which one of the following areas related to professional practice is
not regulated by the State Education Department?
- scope of practice
- billing codes
d. Education Law does not address billing codes. Insurance Law does.
- You may terminate your services to a patient who is delinquent in paying
his/her bill so long as you
- arrange for continuing care if the patient needs it, i.e., make a referral.
- do not base that termination on the patient's race, creed, color, or national origin.
- provide copies of the patient's record if he/she requests it.
- all of the above.
d. Failure to comply with a., b. and c. each constitutes a separate violation of Regents Rules on Unprofessional Conduct.
- An unlicensed person may do the following in a chiropractor's office,
- provide management services, such as employee benefits, billing, scheduling, accounting.
- own up to half, but not more, of the practice.
- instruct patients on office procedures and orient them with video and print materials.
- provide fitness advice under the chiropractor's direction and is appropriately trained.
b. An unlicensed person may not own any portion of a professional practice that requires alicense to practice chiropractic. To do so would constitute a Class E felony under Education Law, section 6512.