Scope of Practice; Injury From Want of Reasonable Degree of Care Is a Tort

1. Law
2. Georgia Code
3. Professions and Businesses
4. Chiropractors
5. Scope of Practice; Injury From Want of Reasonable Degree of Care Is a Tort

1. Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to evaluate, diagnose, and adjust patients according to specific chiropractic methods in order to correct spinal subluxations or to adjust the articulations of the human body. Chiropractors shall observe all applicable public health regulations.
2. The chiropractic adjustment of the spine or articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use modalities. Modalities include any physical agent applied to produce therapeutic change to biologic tissues including thermal, acoustic, noninvasive light, mechanical, or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy, and electrical stimulation. Chiropractors who have complied with this chapter may utilize and recommend therapeutic procedures effecting change through the application of clinical skills and services that attempt to improve function, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage, and structural supports as they relate to the articulations of the human body; provided, however, that the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter.
3. Chiropractors who have complied with this chapter may utilize those modalities and procedures described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization.
4. Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners.
5. Chiropractors shall not prescribe or administer medicine to patients, perform surgery, or practice obstetrics or osteopathy.
6. Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture.
7. A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances.
8. A licensed practitioner of chiropractic may use only the title "chiropractor," or "doctor of chiropractic," or "D.C."
9. Chiropractors who have complied with this chapter may recommend the use of nutritional and dietary supplements. Any such recommendation of nutritional and dietary supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such nutritional and dietary supplements without providing their generic name. Nothing in this subsection shall preclude compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes.

(Ga. L. 1921, p. 166, § 7; Code 1933, § 84-509; Ga. L. 1977, p. 232, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1986, p. 1534, § 1; Ga. L. 1988, p. 485, § 1; Ga. L. 1989, p. 460, § 1; Ga. L. 1993, p. 1719, § 1; Ga. L. 2000, p. 538, § 1.1; Ga. L. 2007, p. 494, § 1/SB 102; Ga. L. 2008, p. 324, § 43/SB 455.)

Cross references.

- Recovery for medical malpractice generally, § 51-1-27.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "subsection (b) of this Code section" was substituted for "43-9-16(b)" in subsection (c).

Law reviews.

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

JUDICIAL DECISIONS

Prescribing 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 the 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 1988 amendment, which added subsection (i)).

Effect of 1993 amendment.

- O.C.G.A. § 43-9-16, as amended in 1993, applied to make an insurer responsible for paying the costs of devices prescribed by a chiropractor because, even though the amendment was not in effect at the time the insurer denied the claim, application thereof did not impair any vested rights of the insurer. Haezebrouck v. State Farm Mut. Auto. Ins. Co., 216 Ga. App. 809, 455 S.E.2d 842 (1995).

Medical tests conducted from chiropractor's referral not within the scope of practice.

- Diagnostic tests and procedures performed on a patient, consisting of diagnostic ultrasound spinal sonograph, dermatomal somatosensory evoked potential - upper extremity, upper dermatomal somatosensory evoked potential and motor/sensory nerve conduction studies with F-wave and H-reflex studies, were not within the scope of chiropractic practice as defined in O.C.G.A. § 43-9-1(2) and as set forth in O.C.G.A. § 43-9-16; the patient could not show these medical expenses accrued from a chiropractor's referral and were necessary for the treatment of the patient's injuries. Colvard v. Mosley, 270 Ga. App. 106, 605 S.E.2d 838 (2004).

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 Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940); Caldwell v. Knight, 92 Ga. App. 747, 89 S.E.2d 900 (1955); Capes v. Bretz, 195 Ga. App. 467, 393 S.E.2d 702 (1990); College Park Cabs, Inc. v. Justus, 227 Ga. App. 66, 488 S.E.2d 88 (1997).

OPINIONS OF THE ATTORNEY GENERAL

Chiropractic not within "practice of medicine".

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

Scope of practice.

- Using, recommending, and offering for sale hot and cold packs, and nonprescription over-the-counter structural supports commonly available through retail pharmacies is within the scope of practice of chiropractors. 1995 Op. Att'y Gen. No. 95-8.

Practitioners of chiropractic cannot give injections, withdraw blood, or pierce the skin for any diagnostic or operative procedure, or perform surgical procedures. 1979 Op. Att'y Gen. No. 79-45.

Practice of chiropractic does not permit administration of medications. 1979 Op. Att'y Gen. No. 79-45.

Chiropractor cannot 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, which added subsections (b) and (i), respectively; see also 1984 Op. Att'y Gen. 84-53).

Chiropractor may not sign death certificates.

- Portion of former Code 1933, § 84-509 which purported to authorize signing of death certificates by chiropractors has been repealed by implication. 1971 Op. Att'y Gen. No. 71-94; 1971 Op. Att'y Gen. No. U71-60.

RESEARCH REFERENCES

ALR.

- Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.

Medical malpractice in connection with diagnosis, care, or treatment of diabetes, 43 A.L.R.5th 87.

Download our app to see the most-to-date content.