CSSB 69(L&C): "An Act relating to the Board of Chiropractic Examiners and the practice of chiropractic."

00 CS FOR SENATE BILL NO. 69(L&C) 01 "An Act relating to the Board of Chiropractic Examiners and the practice of 02 chiropractic." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.20.055 is amended to read: 05 Sec. 08.20.055. Board regulations. The board shall adopt [SUBSTANTIVE] 06 regulations necessary to effect the provisions of this chapter, including regulations 07 establishing standards for 08 (1) continuing education; [AND] 09 (2) the application, performance, and evaluation of chiropractic core 10 methodology; 11 (3) the training, qualifications, scope of practice, and employment 12 of chiropractic interns and chiropractic preceptors; 13 (4) the designation of one or more nationally recognized 14 certification programs for chiropractic clinical assistants; and

01 (5) the performance of patient examinations authorized under 02 AS 08.20.100(b). 03 * Sec. 2. AS 08.20.100(b) is amended to read: 04 (b) A person licensed under this chapter may 05 (1) analyze, diagnose, or treat the chiropractic condition of a patient by 06 chiropractic core methodology or by ancillary methodology; 07 (2) accept referrals for [CHIROPRACTIC] treatment by chiropractic 08 core methodology or by ancillary methodology; 09 (3) consult on chiropractic matters; 10 (4) refer patients to other health care professionals; 11 (5) perform [SIGN] 12 (A) within the scope of chiropractic practice, [CERTIFICATES 13 OF] physical examinations of [FOR] children for school physical 14 examinations and preparticipation physical examinations for sports and 15 school activities [BEFORE THEY ENTER SCHOOL]; 16 (6) sign 17 (A) [(B)] reports for excuses from employment and from 18 attendance at school or participation in sports activities; and 19 (B) [(C)] authorizations for sick leave; 20 (7) [(6)] perform preemployment and workplace health examinations; 21 (8) [(7)] provide disability and physical impairment ratings; 22 (9) [AND (8)] provide retirement health and disability authorizations 23 and recommendations; 24 (10) employ nationally certified chiropractic clinical assistants; 25 and 26 (11) employ chiropractic interns and chiropractic preceptors. 27 * Sec. 3. AS 08.20.100 is amended by adding a new subsection to read: 28 (d) This section does not apply to a chiropractic intern who is acting within the 29 scope of practice authorized by the board and is under the personal supervision of a 30 licensed chiropractor. 31 * Sec. 4. AS 08.20.160 is amended to read:

01 Sec. 08.20.160. Temporary permits. Temporary permits may be issued to 02 [PERSONS APPARENTLY] qualified applicants until the next regular meeting of 03 the board. 04 * Sec. 5. AS 08.20 is amended by adding a new section to read: 05 Sec. 08.20.168. Chiropractic clinical assistant. (a) A person shall furnish 06 evidence satisfactory to the board that the person has completed a nationally 07 recognized certification program under AS 08.20.055(4) to practice as a chiropractic 08 clinical assistant in this state. 09 (b) A person who meets the requirements under (a) of this section may, under 10 the general supervision of a person licensed under this chapter, 11 (1) perform diagnostic imaging studies; 12 (2) use ancillary methodologies; and 13 (3) perform procedures. 14 * Sec. 6. AS 08.20.185 is amended to read: 15 Sec. 08.20.185. Utilization [PEER] review committee; confidentiality. (a) 16 The [IN ADDITION TO PEER REVIEW AUTHORIZED UNDER AS 08.01.075, 17 THE] board may establish a utilization [PEER] review committee to review 18 complaints concerning the reasonableness or appropriateness of care provided, fees 19 charged, or costs for services rendered by a licensee to a patient. A review conducted 20 by a utilization [PEER] review committee under this section may be used 21 [UTILIZED] by the board in considering disciplinary action against a licensee, but the 22 results or recommendations of a utilization [PEER] review committee are not binding 23 on [UPON] the board. A member of a utilization [PEER] review committee 24 established under this section who in good faith submits a report under this section or 25 participates in an investigation or judicial proceeding related to a report submitted 26 under this section is immune from civil liability for the submission or participation. 27 (b) The board shall charge a complainant a fee, established under 28 AS 08.01.065, for utilization [PEER] review under this section. 29 (c) Patient records presented to a utilization [PEER] review committee for 30 review under this section that were confidential before their presentation to the 31 committee are confidential to the committee members and to the board members and

01 are not subject to inspection or copying under AS 40.25.110 - 40.25.125. A committee 02 member or board member to whom confidential records are presented under this 03 subsection shall maintain the confidentiality of the records. A person who violates this 04 subsection is guilty of a class B misdemeanor. 05 * Sec. 7. AS 08.20.200 is amended to read: 06 Sec. 08.20.200. Unlicensed practice [A MISDEMEANOR]. A person who 07 practices chiropractic in the state without a license in violation of AS 08.20.100 is 08 guilty of a class A misdemeanor and may be punished as provided in AS 12.55 [, 09 AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN 10 $1,000, OR BY IMPRISONMENT FOR NOT MORE THAN A YEAR, OR BY 11 BOTH]. 12 * Sec. 8. AS 08.20.210 is amended to read: 13 Sec. 08.20.210. Fraudulent licenses and certificates. A person who obtains 14 or attempts to obtain a chiropractic license or provides the board with evidence that 15 the person is nationally certified to practice as a chiropractic clinical assistant 16 [CERTIFICATE] by dishonest or fraudulent means [,] or who forges, counterfeits, or 17 fraudulently alters a chiropractic license or chiropractic clinical assistant certificate 18 issued by a nationally recognized certification program is guilty of a class A 19 misdemeanor [PUNISHABLE BY A FINE OF NOT MORE THAN $500, OR BY 20 IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY BOTH]. 21 * Sec. 9. AS 08.20.900(7) is amended to read: 22 (7) "chiropractic examination" means an examination of a patient 23 conducted by [OR UNDER THE SUPERVISION OF] a person licensed under this 24 chapter, or by a chiropractic clinical assistant or chiropractic intern authorized 25 by the board to conduct an examination under the supervision of a person 26 licensed under this chapter, for the express purpose of ascertaining whether 27 symptoms of subluxation complex exist and consisting of an analysis of the patient's 28 health history, current health status, results of diagnostic procedures including x-ray 29 and other diagnostic imaging devices, and postural, thermal, physical, neuro-physical, 30 and spinal examinations that focuses on the discovery of 31 (A) the existence and etiology of disrelationships of skeletal

01 joint structures; and 02 (B) interference with normal nerve transmission and 03 expression; 04 * Sec. 10. AS 08.20.900 is amended by adding new paragraphs to read: 05 (11) "chiropractic clinical assistant" means a person recognized by the 06 board as nationally certified who works under the general supervision of a person 07 licensed under this chapter; 08 (12) "chiropractic intern" means a person who is authorized by the 09 board to engage in the practice of chiropractic while under the personal supervision of 10 a person licensed under this chapter for the purpose of obtaining practical experience 11 for licensure as a chiropractor; 12 (13) "chiropractic preceptor" means a person who is licensed under 13 this chapter and is authorized by the board to participate in the instruction and training 14 of chiropractic interns.