Definitions

1. Law
2. Georgia Code
3. Professions and Businesses
4. Chiropractors
5. Definitions

As used in this chapter, the term:

1. "Board" means the Georgia Board of Chiropractic Examiners.
2. "Chiropractic" means the adjustment of the articulations of the human body, including ilium, sacrum, and coccyx, and the use of X-ray, provided that the X-ray shall not be used for therapeutical purposes. The term shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term shall not include the use of drugs or surgery. The adjustment referred to in this paragraph and subsection (b) of Code Section 43-9-16 may only be administered by a doctor of chiropractic authorized to do so by the provisions of this chapter; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice.
3. "Practice of chiropractic" shall also include peer review which is defined as the procedure by which chiropractors licensed in this state evaluate the quality and efficiency of services ordered or performed by other chiropractors, including but not limited to practice analysis, audit, claims review, underwriting assistance, utilization review, and compliance with applicable laws, rules, and regulations.
4. "Subluxation" means a complex of functional or pathological articular changes that compromise neural integrity and general health. A subluxation is evaluated, diagnosed, and managed through the use of chiropractic procedures based on the best available rational and empirical evidence.

(Ga. L. 1921, p. 166, § 1; Code 1933, § 84-501; Ga. L. 1977, p. 232, § 1; Ga. L. 1997, p. 1533, § 1; Ga. L. 2007, p. 494, § 1/SB 102; Ga. L. 2011, p. 752, § 43/HB 142.)

Law reviews.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964).

JUDICIAL DECISIONS

Constitutionality.

- Although common merchants are allowed to sell nutritional substances to customers without a prescription, in that the substances do not require medical supervision for use and are not habit-forming, the Georgia Chiropractic Practices Act (O.C.G.A. § 43-9-1 et seq.) does not violate the equal protection clause because the statute prohibits chiropractors from prescribing or recommending such substances in the treatment of patients. Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987)(decided prior to the 1988 amendment of O.C.G.A. § 43-9-16, which added subsection (i)).

Prescribing or recommending nutritional substances.

- Since O.C.G.A. Ch. 9, T. 43 does not authorize chiropractors to prescribe or dispense vitamins, minerals, or nutritional substances, the prescription of such items for treatment of a patient's ailments constitutes the unauthorized practice of medicine in this state. Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987)(decided prior to the 1988 amendment of § 43-9-16, which added subsection (i)).

Chiropractors subject to malpractice provisions.

- Chiropractic profession must be treated equally with the professions of law and medicine for malpractice purposes. Phillips v. Cheek, 162 Ga. App. 728, 293 S.E.2d 22 (1982).

Massage is not authorized treatment.

- Because massage is not an authorized treatment modality under O.C.G.A. Ch. 9, T. 43, a contract for massage services was void and a chiropractor was not authorized to recover payment for rendering such services. Siegrist v. Iwuagwa, 229 Ga. App. 508, 494 S.E.2d 180 (1997), cert. denied, 525 U.S. 933, 119 S. Ct. 344, 142 L. Ed. 2d 284 (1998).

Cited in Caldwell v. Knight, 92 Ga. App. 747, 89 S.E.2d 900 (1955); Sandford v. Howard, 161 Ga. App. 495, 288 S.E.2d 739 (1982); Capes v. Bretz, 195 Ga. App. 467, 393 S.E.2d 702 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Definition of "chiropractic" is not broad enough to bring it within definition of "practice of medicine." 1972 Op. Att'y Gen. No. U72-17.

Chiropractor may not give injection, draw blood, or perform surgery.

- Since there is no specific exemption found in this definition, practitioners of chiropractic would be practicing medicine if the chiropractors gave injections, withdrew blood, pierced the skin, or performed a surgical procedure. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor may not administer medications.

- Nowhere in this definition is there any express or implied provision that practice of chiropractic permits administration of medications, injections, withdrawal of blood, or any surgical procedure; in fact, by the express terms of the definition, a licensed practitioner of chiropractic is not permitted to use drugs or surgery. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor is not authorized to prescribe, dispense, or administer vitamins or minerals in the treatment of patients. 1984 Op. Att'y Gen. No. 84-53 (decided prior to 1988 amendment to O.C.G.A. § 43-9-16, which added subsection (i)).

Chiropractor may not pierce the skin.

- Procedures utilized for analytical, therapeutic, and diagnostic purposes which puncture the skin such as venipuncture, capillary puncture, and acupuncture are not authorized for use by chiropractors licensed in the State of Georgia since none of these procedures is utilized to make an adjustment of the articulation of the human body. 1984 Op. Att'y Gen. No. 84-53.

Chiropractor may not use colonic irrigations, electrical treatments, or vitamins.

- Licensed chiropractor in Georgia is not authorized to use colonic irrigations, electrical treatments (except X-ray), and vitamins in treatment of patients. 1945-47 Op. Att'y Gen. p. 488 (decided prior to 1986 and 1988 amendments to O.C.G.A. § 43-9-16, which added subsections (b) and (i), respectively; see also 1984 Op. Att'y Gen. 84-53).

Procedures for analytical, therapeutic, or diagnostic purposes such as colon lavage, barium enema, and colonic irrigation are not authorized for use by a chiropractor licensed in the State of Georgia since none of these procedures are utilized to make an adjustment of the articulation of the human body. 1984 Op. Att'y Gen. No. 84-53.

Limited use of electrical current.

- Procedures in which the equipment utilizes electrical current but the electrical current or its immediate by-product is not introduced into the body, such as intermittent traction, intersegmental traction, and vibrators, are authorized to the extent that the traction is used according to specific chiropractic methods. 1984 Op. Att'y Gen. No. 84-53.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, §§ 5, 13 et seq., 26 et seq., 44, 74 et seq., 121 et seq., 131 et seq.

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, §§ 4 et seq., 52 et seq., 71 et seq.

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