The Board proposes the rule promulgation to provide the standard of practice for Electrodiagnosis.

 

DEPARTMENT OF HEALTH

Board of Chiropractic

RULE NO.:RULE TITLE:

64B2-17.0026Standard of Practice for Electrodiagnosis.

PURPOSE AND EFFECT: The Board proposes the rule promulgation to provide the standard of practice for Electrodiagnosis.

SUMMARY: The standard of practice for Electrodiagnosis will be provided.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 460.405 FS.

LAW IMPLEMENTED: 460.413(1)(t) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Miller, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-17.0026 Standard of Practice for Electrodiagnosis.

(1) Any chiropractic physician who in his or her practice, supervises, performs and/or interprets electrodiagnosis (i.e. Needle Electromyography (EMG), Nerve Conduction Studies (NCS), Evoked Potentials) must have acquired the competence to supervise, perform and/or interpret said service, procedure, or treatment through appropriate education and/or training. The chiropractic physician must fulfill the following educational criteria listed in paragraph (a), (b), (c), or (d) below in order to supervise, perform and/or interpret needle EMG, or NCS, or Evoked Potentials.

(a) Any chiropractic physician that has been in active practice and has been engaging in the supervision, performance, and/or interpretation of electrodiagnosis prior to July 1, 2014, may submit his/her body of electrodiagnostic work performed to a certifiying electrodiagnostic board recognized by the American Chiropractic Association (ACA), International Chiropractors Association (ICA) or International Academy of Chiropractic Neurology (IACN) by December 31, 2014, and after review of this body of work, and after passing a certifying written and practical examination in needle EMG, NCS, and/or Evoked Potentials by the certifying electrodiagnostic board, the chiropractic physician may continue to engage in the supervision, performance and/or interpretation of electrodiagnostics for which he/she has shown competence.

(b) Prior to any chiropractic physician engaging in the supervision, utilization and/or interpretation of electrodiagnosis, he or she must have completed a minimum of 300 hours of classroom instruction in electrodiagnosis specific training through an accredited program sponsored or co-sponsored by a Council on Chiropractic Education (CCE) accredited chiropractic college and successfully completed a written and practical examination and that such program included needle EMG insertions and nerve conduction studies, and evoked potentials.

(c) A chiropractic physician who holds a current/active Diplomate or Fellow specialty in orthopedics or physical rehabilitation with a minimum of 300 hours of post graduate credit hours and recognized by the ACA, ICA, or IACN, may supervise, perform and/or interpret electrodiagnosis with the successful completion of at least an additional 150 post graduate credit hours from an accredited certificate program sponsored or co-sponsored by a CCE accredited chiropractic college, in electrodiagnosis (i.e. needle EMG, NCS, Evoked Potentials) specific training.

(d) A chiropractic physician who holds a current/active Diplomate or Fellow specialty in neurology with a minimum of 300 hours of post graduate credit hours recognized by the ACA, ICA, or IACN, may supervise, perform and/or interpret electrodiagnosis as long as the curriculum or his/her clinical residency or experience has included successful competency in needle EMG insertions and interpretation and nerve conduction studies and evoked potentials with interpretations. If the clinical residency did not include successful competency in needle EMG insertions and interpretation and nerve conduction studies and evoked potentials with interpretations, then the chiropractor must meet the requirements in either paragraph (a) or (c) above.

(2) Any chiropractic physician that supervises, performs and/or interprets electrodiagnosis after December 31, 2014, without meeting the requirements of this rule may be subject to disciplinary action pursuant to Section 460.413(1)(t), Florida Statutes. This rule does not prohibit a chiropractic physician from prescribing medically necessary electrodiagnosis testing that is supervised, performed, and/or interpreted by a qualified chiropractic physician or other qualified medical specialist, or prohibit a chiropractic physician from utilizing the interpretation/results of the electrodiagnostic testing for clinical correlation of his/her patient’s condition, or prohibit a chiropractic physician from giving an expert or professional opinion of the interpretation/results of the electrodiagnosis study.

Rulemaking Authority 460.405 FS. Law Implemented 460.413(1)(t) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Chiropractic Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 21, 2013