Ga. Comp. R. & Regs. R. 100-10-.01 - Reasonable Care and Skill Defined

Current through Rules and Regulations filed through April 4, 2022

In accordance with O.C.G.A. Sec. 43-9-12.1, the definition of reasonable care and skill shall include, but not be limited to, the following criteria:

(a) A doctor of chiropractic must bring to the exercise of his/her profession a reasonable degree of care and skill which shall include the determination of the need for chiropractic care as defined in Code Section 43-9-1(2).
1. The determination of the need for chiropractic care shall include only those methods of determining the need for chiropractic care, treatment, or referral which are taught by chiropractic schools or colleges accredited by the Council on Chiropractic Education or a board approved successor.
(b) The doctor of chiropractic has the responsibility as a primary healthcare provider to examine, establish a diagnosis/clinical impression, render treatment and/or referral, commensurate with his/ her findings.
1. Referral to an appropriate health care provider shall be considered by the Board to mean the direction of a patient to another licensed health care professional or institution for evaluation, consultation or care. Referrals may be made for the purposes of consultation, concurrent care, post-chiropractic care, the administration of diagnostic procedures, the evaluation of diagnostic findings, emergency care or because a clear determination has been, or should have been made on the part of the chiropractor that a patient condition is outside his/her scope of professional experience, training or practice.
(i) For the purposes of this chapter the Board shall define the term "licensed health care professional" to mean, but not be limited to mean, any healthcare practitioner appropriately licensed or certified in this or another state to practice one of the healthcare professions.
(ii) For the purposes of this chapter the Board shall define the term "licensed healthcare institution" to mean any healthcare facility authorized or licensed by this or another state to provide treatment or evaluation and shall include, but not be limited to, hospitals, clinics, physical therapy or rehabilitation facilities or clinics, diagnostic imaging centers, or licensed clinical laboratories.
2. Any failure to refer a patient to an appropriate health care provider when it is clear that a chiropractor knows or should have known that a patient condition is outside his/her scope of professional experience, training or practice may be considered by the Board to constitute unprofessional conduct subject to the provisions of O.C.G.A. Sec. 43-9-12.
(c) A diagnosis/clinical impression must be established based on the correlation of the history and the examination into a logical and meaningful framework to determine the chiropractic care to be utilized.
(d) The doctor of chiropractic is expected to render adjustments in accordance with specific chiropractic methods when such treatment is indicated.
(e) The doctor of chiropractic may utilize ancillary physiological therapeutic procedures in conjunction with adjustments of the spinal structures in accordance with Rule 100-9-.01.
(f) The doctor of chiropractic may utilize procedures, as may be authorized by statute, and as are necessary to provide a reasonable degree of care and skill in the rehabilitation of the patient.
(g) Records shall be maintained clearly showing the progression of the events under clinical review, diagnosis/clinical impressions, chiropractic care and case management. All records shall be available as provided in O.C.G.A. Title 31, Chapter 33.
(h) Original patient x-ray films or accurate copies shall be retained for not less than ten (10) years from the date of each x-ray exposure.
1. Except as provided in subparagraph (h), all other patient records, including radiological diagnosis and clinical impressions, shall be retained for not less than ten (10) years from the date of the last examination or treatment by the doctor of chiropractic.

Notes

Ga. Comp. R. & Regs. R. 100-10-.01
O.C.G.A. Secs. 31-7-131, 31-33-2, 31-33-8, 43-1-19, 43-1-25, 43-9-1, 43-9-6, 43-9-6.1, 43-9-12.1, 43-9-16.
Original Rule entitled "Fees" adopted. F. Dec. 2, 1986; eff. Dec. 22, 1986. Repealed: New Rule of same title adopted. F. June 25, 1987; eff. July 15, 1987. Repealed: New Rule entitled "Reasonable Care and Skill Defined" adopted. F. Aug. 27, 1987; eff. Sept. 16, 1987. Amended: F. Dec. 15, 1992; eff. Jan. 4, 1993. Amended: F. Dec. 5, 1997; eff. Dec. 25, 1997. Repealed: New Rule of same title adopted. F. Feb. 15, 2002; eff. Mar. 7, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2002; eff. Oct. 15, 2002. Repealed: New Rule of same title adopted. F. Feb. 20, 2007; eff. Mar. 12, 2007.

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