07
SB102/AP
Senate
Bill 102
By:
Senators Balfour of the 9th, Unterman of the 45th, Rogers of the 21st, Williams
of the 19th and Henson of the 41st
AS
PASSED
AN
ACT
To
amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating
to licensure and regulation of chiropractors, so as to define and redefine
certain terms; to change provisions relative to the scope of practice of
chiropractors; to change the criminal penalties for unlicensed practice of
chiropractic; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure
and regulation of chiropractors, is amended by revising Code Section 43-9-1,
relating to definitions, Code Section 43-9-16, relating to scope of practice,
and 43-9-19, relating to the crime of unlicensed practice as
follows:
"43-9-1.
As
used in this chapter, the term:
(1)
'Board' means the Georgia Board of Chiropractic Examiners.
(2)
'Chiropractic' means the adjustment of the articulations of the human body,
including ilium, sacrum, and coccyx, and the use of X-ray, provided that the
X-ray shall not be used for therapeutical purposes. The term 'chiropractic'
shall also mean that separate and distinct branch of the healing arts whose
science and art utilize the inherent recuperative powers of the body and the
relationship between the musculoskeletal structures and functions of the body,
particularly of the spinal column and the nervous system, in the restoration and
maintenance of health. Chiropractic is a learned profession which teaches that
the relationship between structure and function in the human body is a
significant health factor and that such relationships between the spinal column
and the nervous system are most significant, since the normal transmission and
expression of nerve energy are essential to the restoration and maintenance of
health. However, the term 'chiropractic' shall not include the use of drugs or
surgery. The adjustment referred to in this paragraph and subsection (b) of
Code Section 43-9-16 may only be administered by a doctor of chiropractic
authorized to do so by the provisions of this chapter; provided, however, that
the provisions of this Code section shall not prevent any other health care
provider from administering techniques authorized within their scope of
practice.
(3)
'Practice of chiropractic' shall also include peer review which is defined as
the procedure by which chiropractors licensed in the state of Georgia evaluate
the quality and efficiency of services ordered or performed by other
chiropractors, including but not limited to practice analysis, audit, claims
review, underwriting assistance, utilization review, and compliance with
applicable laws, rules, and regulations.
(4)
'Subluxation' means a complex of functional or pathological articular changes
that compromise neural integrity and general health. A subluxation is
evaluated, diagnosed, and managed through the use of chiropractic procedures
based on the best available rational and empirical evidence."
"43-9-16.
(a)
Chiropractors who have complied with this chapter shall have the right to
practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to
evaluate, diagnose, and adjust patients according to specific chiropractic
methods in order to correct spinal subluxations or to adjust the articulations
of the human body. Chiropractors shall observe all applicable public health
regulations.
(b)
The chiropractic adjustment of the spine or articulations of the human body may
include manual adjustments and adjustments by means of electrical and mechanical
devices which produce traction or vibration. Chiropractors who have complied
with this chapter may also use modalities. Modalities include any physical agent
applied to produce therapeutic change to biologic tissues including thermal,
acoustic, noninvasive light, mechanical, or electric energy, hot or cold packs,
ultrasound, galvanism, microwave, diathermy, and electrical stimulation.
Chiropractors who have complied with this chapter may utilize and recommend
therapeutic procedures effecting change through the application of clinical
skills and services that attempt to improve function, including therapeutic
exercise, therapeutic activities, manual therapy techniques, massage, and
structural supports as they relate to the articulations of the human body;
provided, however, the same shall not be construed to allow chiropractors to
treat patients outside the scope of practice of chiropractic as set forth in
this chapter.
(c)
Chiropractors who have complied with this chapter may utilize those modalities
and procedures described in subsection (b) of this Code section, provided the
chiropractor shall have completed a course of study containing a minimum of 120
hours of instruction in the proper utilization of those procedures in accordance
with the guidelines set forth by the Council on Chiropractic Education or its
successor and is qualified and so certified in that proper
utilization.
(d)
Chiropractors who have complied with this chapter shall have the right to sign
health certificates, reporting to the proper health officers the same as other
practitioners.
(e)
Chiropractors shall not prescribe or administer medicine to patients, perform
surgery, or practice obstetrics or osteopathy.
(f)
Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or
any other technique which is invasive of the human body either by penetrating
the skin or through any of the orifices of the body or through the use of
colonics. Nothing in this subsection shall be construed to prohibit a
chiropractor who is licensed to perform acupuncture under Article 3 of Chapter
34 of this title from engaging in the practice of acupuncture.
(g)
A person professing to practice chiropractic for compensation must bring to the
exercise of that person´s profession a reasonable degree of care and skill.
Any injury resulting from a want of such care and skill shall be a tort for
which a recovery may be had. If a chiropractor performs upon a patient any act
authorized to be so performed under this chapter but which act also constitutes
a standard procedure of the practice of medicine, including but not limited to
the use of modalities such as those described in subsection (b) of this Code
section and X-rays, under similar circumstances the chiropractor shall be held
to the same standard of care as would licensed doctors of medicine who are
qualified to and who actually perform those acts under similar conditions and
like circumstances.
(h)
A licensed practitioner of chiropractic may use only the title 'chiropractor,'
or 'doctor of chiropractic,' or 'D.C.'
(i)
Chiropractors who have complied with this chapter may recommend the use of
nutritional and dietary supplements. Any such recommendation of nutritional and
dietary supplements shall not be construed to allow chiropractors to treat
patients outside the scope of the practice of chiropractic as set forth in this
chapter nor shall this subsection be construed to allow chiropractors to sell at
a profit any such nutritional and dietary supplements without providing their
generic name. Nothing in this subsection shall preclude compliance with Chapter
8 of Title 48, relating to the collection of sales and use
taxes."
"43-9-19.
It
shall be unlawful for any person to practice chiropractic unless that person
shall have first obtained a license as provided in this chapter and possesses
all the qualifications prescribed by the terms of this chapter. Any person who
practices or attempts to practice chiropractic without a license, or who buys or
fraudulently obtains a license to practice chiropractic, or who violates any of
the terms of this chapter, or who uses the title 'doctor of chiropractic,'
'chiropractor,' 'chiropractic,' 'D.C.,' or any word or title to induce the
belief that such a person is engaged in the practice of chiropractic, without
first complying with this chapter, shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine of not less than $500.00 nor
more than $5,000.00, or by imprisonment for not less than two nor more than five
years, or both, at the discretion of the court. All subsequent offenses shall be
separate and distinct offenses, and punishable in like
manner."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.