Chiropractic Peer Review

(1) For the purposes of performing or providing chiropractic Peer Review, a chiropractor shall possess the following minimum qualifications: (a) hold a current, valid certificate of registration issued by the Board; (b) have a minimum of four years verifiable experience as a chiropractor licensed in the Commonwealth or another jurisdiction where the person’s responsibility included, but was not limited to, patient care, record keeping, and billing unless a waiver is granted by the Board; and (c) 233 CMR 4.17(1)(a) through (b) shall not prohibit an individual from performing a review of a patient file, including a chiropractic patient file, where the individual is expressly permitted to do so under applicable federal or state laws. (2) A chiropractor performing Peer Review shall: (a) adhere to all applicable state and federal laws, Board regulations, and appropriate clinical standards when performing or providing a Peer Review; (b) refrain from conducting a Peer Review if he or she cannot perform this review in an unbiased or impartial manner; and (c) base his or her professional judgment on factual information and clinical rationale which is consistent with current educational and practice standards, or standards that were in place at the time the care under review was rendered. Personal opinions and statements that cannot be substantiated shall be omitted from Peer Review. (3) Violation of any provision of 233 CMR 4.17 shall be considered "unprofessional conduct" within the meaning of M.G.L. c. 112, § 93, and shall constitute sufficient grounds for disciplinary action by the Board.