It has come to the Board's attention that doctors of chiropractic are relying upon the April 8, 2004 letter addressed to Elisaq Moffit, Medical Community Liaison, Fresno District Office, SCIF, which was authored by M. Maggie Craw, D.C., D.A.C.B.R., M.A., as authority regarding the scope of practice of chiropractic.

State agencies, with few exceptions, are required to adopt regulations following the procedures established in the Administrative Procedure Act (APA). A regulation is defined in Government Code section 11342.600: "Regulation means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure." If a state agency issues, enforces, or attempts to enforce a rule without following the APA, the rule is called an "underground regulation." State agencies are prohibited from enforcing underground regulations.

Since the Board has not promulgated regulations that are in sync with the opinion of the letter's author, doctors of chiropractic cannot rely upon such letter as authority regarding scope of practice issues. Doctors of chiropractic should refer to the Chiropractic Initiative Act of California and the Board's regulations when questions arise regarding such issues.