07 LC 38 0367S (SCS)
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 SENATE
A
BILL TO BE ENTITLED
AN ACT
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
articulation
articulations
of the human body, including ilium, sacrum,
and
coccyx, and
extraspinal joints, and the use of
electric
X-ray
photography,
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)
'Health certificate' means a certification of physical examination in sickness,
health, or disability including reports for absence from employment or school or
from participation in sports activities.
(4)
'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.
(5)
'Subluxation' means a complex of functional or pathological articular changes
that may compromise neural integrity and may influence organ system function 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
in
conjunction with adjustments of the spinal structures electrical therapeutic
physical
modalities.
which
induce heat or electrical current beneath the skin, including
therapeutic
Physical
modalities include any physical agent applied to produce therapeutic change to
biologic tissues including thermal, acoustic, light, mechanical, or electric
energy,
hot or cold
packs, ultrasound, galvanism,
hydrotherapy,
microwave, diathermy, and
electromuscular
electrical
stimulation. Chiropractors who have complied with this chapter may utilize and
recommend
hot and
cold packs and nonprescription, over-the-counter structural supports for
the
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
which are
commonly available through retail pharmacy
outlets; 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
electric
therapeutic
physical
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 who have complied with this chapter may use X-ray and refer
patients for diagnostic imaging, neurodiagnostic studies, and laboratory tests;
provided, however, that such referral shall be made in compliance with Chapter
1B of this title, the 'Patient Self-referral Act of 1993.'
(e)
(f)
Chiropractors shall not prescribe or administer medicine to patients, perform
surgery, or practice obstetrics or osteopathy.
(f)
(g)
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)
(h)
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
physical
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)
(i)
A licensed practitioner of chiropractic may use only the title 'chiropractor,'
or 'doctor of chiropractic,' or 'D.C.'
(i)
(j)
Chiropractors who have complied with this chapter may recommend the use of
vitamins,
minerals, or food
nutritional
and dietary supplements. Any such
recommendation of
vitamins,
minerals, or food
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
vitamins,
minerals, or food
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
$1,000.00
$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.