Section R4-38-111. Experimental Forms of Diagnosis and Treatment

A.      The Board neither approves nor advocates specific experimen- tal therapies. The Board considers the standards in this Section

in  determining  whether  a  licensee  is   in  compliance   with

A.R.S. § 32-2933(27). The Board considers a therapy that is in violation of applicable state or federal statutes, or state or fed- eral rules or regulations regarding drugs and devices to be unprofessional conduct under A.R.S. § 32-2933(27).

B.       Experimental forms of diagnosis or treatment, within the meaning of A.R.S. § 32-2933(27), include:

1.        Administration of a pharmaceutical agent untested for safety in humans;

2.        Use of a physical agent or electromagnetic current or field in a manner not supported by established clinical usage; and

3.        Therapy modalities and diagnostic methods that are not included in the practice of homeopathic medicine as defined in A.R.S. § 32-2901(22) and do not meet the cri- teria of subsection (C).

C.      The following are not an experimental form of diagnosis or treatment under A.R.S. § 32-2933(27):

1.        A substance or therapy modality administered on a homeopathic indication that has been in beneficial clini- cal usage by professionally trained, legally qualified phy- sicians for at least 10 years;

2.        Homeopathic medications listed in the Homeopathic Pharmacopoeia of the United States;

3.        Homeopathic medications that have been characterized by toxicity studies or by the “proving” method of admin- istration on healthy volunteers to determine the medica- tion’s spectrum of action;

4.        Administration of a pharmaceutical agent for a therapeu- tic indication supported by clinical usage if the agent is approved to be marketed publicly for other therapeutic indications by the appropriate regulatory agency; and

5.        A procedure used for patient education, preventative medicine, or general health assessment or enhancement such as bio-terrain analysis, live blood analysis, soft laser, magnetic therapy, oxidative therapy, and microelectric therapy, and other procedures considered by the Board to be in beneficial clinical usage.

Historical Note

Adopted effective June 3, 1988 (Supp. 88-2). Amended by final rulemaking at 11 A.A.R. 2008, effective July 2, 2005 (Supp. 05-2). Former R4-38-111 renumbered to R4- 38-112; new R4-38-111 renumbered from R4-38-109 by final rulemaking at 17 A.A.R. 1980, effective November 12, 2011 (Supp. 11-3).