PUBLIC HEALTH CODE
Act 368 of 1978
333.16423 Performance and ordering of tests and approval of analytical instruments and adjustment apparatus; rules; criteria; standards.
Sec. 16423.
(1) The department, in consultation with the board, shall promulgate rules to establish criteria for the performance and ordering of tests and the approval of analytical instruments and adjustment apparatus to be used for the purpose of examining and treating patients for subluxations and misalignments that produce nerve interference or joint dysfunction. The criteria established shall be substantially equivalent to nationally recognized standards in the profession for the performance and ordering of tests and the use and operation of the instruments and apparatus. The board may approve types and makes of analytical instruments and adjustment apparatus that meet these criteria.
(2) An individual shall not perform or order tests or use analytical instruments or adjustment apparatus that do not meet nationally recognized standards or that are not approved by the board.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2009, Act 221, Imd. Eff. Jan. 5, 2010
PopularName Notes:
Act 368
AdminRule Notes:
R 338.2201 et seq. and R 338.12001 et seq. of the Michigan Administrative Code.
Notes of Decisions
Measel v. Auto Club Grp. Ins. Co., 886 N.W.2d 193 (Mich. Ct. App. 2016).
· cites it 4× “The performance, ordering, or use of tests in the practice of chiropractic is regulated by rules promulgated under [MCL 333.16423]. (D) The performance, ordering, or use of x-ray.”
Attorney Gen. v. Beno, 373 N.W.2d 544 (Mich. 1985).
· cites it 2× “Practice of chiropractic includes: (iii) The use of analytical instruments, nutritional advice, rehabilitative exercise and adjustment apparatus regulated by rules promulgated by the board pursuant to [MCL 333.16423; MSA 14.15(16423)].... The practice of chiropractic does not…”
Hofmann v. Auto Club Ins., 535 N.W.2d 529 (Mich. Ct. App. 1995).
“Another statutory provision that has an effect on the authority of a licensed chiropractor is MCL 333.16423(2), MSA 14.15(16423X2), which provides: An individual shall not use analytical instruments or adjustment apparatus which does not meet nationally recognized standards or…”
Precise Mri of Michigan LLC v. State Auto Ins. Co. (Mich. Ct. App. 2022).
· cites it 8× “(iii) The use of analytical instruments, nutritional advice, rehabilitative exercise and adjustment apparatus regulated by rules promulgated by the board pursuant to [MCL 333.16423], and the use of x-ray machines in the examination of patients for the purpose of locating spinal…”
in Re Petition of Attorney Gen. for Subpoenas (Mich. Ct. App. 2019).
“16231(4) provides that the Department shall initiate an investigation if it receives information reported under MCL 333.16423(2) that indicates a licensee has three or more malpractice settlements, awards, or judgments within a five-year period, or one or more malpractice…”
— Mich. Comp. Laws § 333.16423(1) — 1 case
Measel v. Auto Club Grp. Ins. Co., 886 N.W.2d 193 (Mich. Ct. App. 2016).
“The performance, ordering, or use of tests in the practice of chiropractic is regulated by rules promulgated under [MCL 333.16423]. (D) The performance, ordering, or use of x-ray.”
— Mich. Comp. Laws § 333.16423(2) — 2 cases
Hofmann v. Auto Club Ins., 535 N.W.2d 529 (Mich. Ct. App. 1995).
“Another statutory provision that has an effect on the authority of a licensed chiropractor is MCL 333.16423(2), MSA 14.15(16423X2), which provides: An individual shall not use analytical instruments or adjustment apparatus which does not meet nationally recognized standards or…”
in Re Petition of Attorney Gen. for Subpoenas (Mich. Ct. App. 2019).
“16231(4) provides that the Department shall initiate an investigation if it receives information reported under MCL 333.16423(2) that indicates a licensee has three or more malpractice settlements, awards, or judgments within a five-year period, or one or more malpractice…”
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