3 Colo. Code Regs. § 707-1.14

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 707-1.14 - PROCEDURES AND DIAGNOSTIC TESTS THAT ARE UNPROVEN AND REQUIRE INFORMED CONSENT

This Rule is promulgated pursuant to sections 12-20-204 and 12-215-105(1)(a), C.R.S.

A. When an unproven diagnostic test or procedure is provided, the chiropractor must obtain the written informed consent of the patient or the patient's legal representative.

B. The following criteria will be used to determine, by a preponderance of evidence, whether a diagnostic test or procedure is unproven:

1. Whether the test or procedure is taught as part of the regular curriculum of at least one college of chiropractic approved by the Council on Chiropractic Education.

2. Whether the test or procedure is based upon anatomical, physiological and/or structural relationships that can be verified through standard diagnostic procedures.

3. Whether the test or procedure has been supported by a body of evidence using scientifically valid methodology and whether the test or procedure has had periodic review by the Board based on current research.

C. Informed consent shall consist of the following: the patient shall be notified in writing that the diagnostic test or procedure has been designated "unproven" by the Board and that its effectiveness has not been demonstrated.

D. The patient shall be required to sign a written consent form before a licensee may use a diagnostic test or procedure designated "unproven." The consent form shall indicate conspicuously that the diagnostic test or procedure anticipated for use has been designated "unproven" by the Colorado State Board of Chiropractic Examiners and that permission is granted by the patient to proceed. A copy of this signed consent form shall be given to the patient for the patient's retention.

E. Procedures, diagnostic tests, protocol, analysis or methodology that are unproven and require informed consent include, but are not limited to:

1. Soft or cold laser for uses not approved by the Food and Drug Administration.

2. Reams Procedure.

3. Iridology.

4. Reflexology.

5. Contact reflex analysis.

6. Diagnostic spinal ultrasound for the use of diagnosing paraspinal muscle inflammation, posterior joint swelling, nerve root inflammation, or other spinal pathology in the adult population.

7. Any practice system, analysis, method, or protocol that does not include the complete assessment, evaluation, or diagnosis of the condition to be treated before beginning treatment of the patient.

8. Any practice system, analysis, method or protocol, that relies upon diagnostic methods that are not generally recognized or accepted within the profession or that do not have scientific validity.

9. Any practice system, analysis, method, or protocol that is represented as a means of attaining spiritual growth, comfort, or well-being.

3 CCR 707-1.14

42 CR 08, April 10, 2019, effective 5/25/2019

42 CR 12, June 25, 2019, effective 7/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

43 CR 18, September 25, 2020, effective 8/25/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 08, April 25, 2021, effective 5/15/2021

45 CR 22, November 25, 2022, effective 10/26/2022

45 CR 23, December 10, 2022, effective 11/11/2022

45 CR 20, October 25, 2022, effective 11/14/2022

46 CR 02, January 25, 2022, effective 1/9/2023

46 CR 20, October 25, 2023, effective 11/14/2023