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SB 69: "An Act relating to the Board of Chiropractic Examiners and the practice of chiropractic."

00                             SENATE BILL NO. 69                                                                          
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 certification and use of chiropractic clinical assistants; and                             
14                 (5)  the performance of patient examinations authorized under                                       
01       AS 08.20.100(b).                                                                                              
02    * Sec. 2. AS 08.20.100(b) is amended to read:                                                                      
03            (b)  A person licensed under this chapter may                                                                
04                 (1)  analyze, diagnose, or treat the chiropractic condition of a patient by                             
05       chiropractic core methodology or by ancillary methodology;                                                        
06                 (2)  accept referrals for [CHIROPRACTIC] treatment by chiropractic                                  
07       core methodology or by ancillary methodology;                                                                 
08                 (3)  consult on chiropractic matters;                                                                   
09                 (4)  refer patients to other health care professionals;                                                 
10                 (5)  perform [SIGN                                                                                  
11                      (A)  WITHIN THE SCOPE OF CHIROPRACTIC PRACTICE,                                                    
12            CERTIFICATES OF] physical examinations of [FOR] children for school                                  
13            physical examinations and preparticipation physical examinations for                                     
14            sports and school activities [BEFORE THEY ENTER SCHOOL];                                                 
15                 (6)  sign                                                                                           
16                      (A) [(B)]  reports for excuses from employment and from                                        
17            attendance at school or participation in sports activities; and                                              
18                      (B) [(C)]  authorizations for sick leave;                                                      
19                 (7) [(6)]  perform preemployment and workplace health examinations;                                 
20                 (8) [(7)]  provide disability and physical impairment ratings;                                      
21                 (9)  [AND (8)] provide retirement health and disability authorizations                              
22       and recommendations;                                                                                          
23                 (10)  employ certified chiropractic clinical assistants; and                                        
24                 (11)  employ chiropractic interns and chiropractic preceptors.                                      
25    * Sec. 3. AS 08.20.100 is amended by adding a new subsection to read:                                              
26            (d)  This section does not apply to a chiropractic intern who is acting within the                           
27       scope of practice authorized by the board and is under the personal supervision of a                              
28       licensed chiropractor.                                                                                            
29    * Sec. 4. AS 08.20.160 is amended to read:                                                                         
30            Sec. 08.20.160. Temporary permits. Temporary permits may be issued to                                      
31       [PERSONS APPARENTLY] qualified applicants until the next regular meeting of                                   
01       the board.                                                                                                        
02    * Sec. 5. AS 08.20 is amended by adding a new section to read:                                                     
03            Sec. 08.20.168. Chiropractic clinical assistant. (a) A person may not practice                             
04       as a chiropractic clinical assistant in this state without a certificate.                                         
05            (b)  A person certified as a chiropractic clinical assistant under this chapter                              
06       may, under the general supervision of a person licensed under this chapter,                                       
07                 (1)  perform diagnostic imaging studies;                                                                
08                 (2)  use ancillary methodologies; and                                                                   
09                 (3)  perform procedures.                                                                                
10    * Sec. 6. AS 08.20.185 is amended to read:                                                                         
11            Sec. 08.20.185. Utilization [PEER] review committee; confidentiality. (a)                                
12       The [IN ADDITION TO PEER REVIEW AUTHORIZED UNDER AS 08.01.075,                                                
13       THE] board may establish a utilization [PEER] review committee to review                                      
14       complaints concerning the reasonableness or appropriateness of care provided, fees                                
15       charged, or costs for services rendered by a licensee to a patient. A review conducted                            
16       by a utilization [PEER] review committee under this section may be used                                   
17       [UTILIZED] by the board in considering disciplinary action against a licensee, but the                        
18       results or recommendations of a utilization [PEER] review committee are not binding                           
19       on [UPON] the board. A member of a utilization [PEER] review committee                                    
20       established under this section who in good faith submits a report under this section or                           
21       participates in an investigation or judicial proceeding related to a report submitted                             
22       under this section is immune from civil liability for the submission or participation.                            
23            (b)  The board shall charge a complainant a fee, established under                                           
24       AS 08.01.065, for utilization [PEER] review under this section.                                               
25            (c)  Patient records presented to a utilization [PEER] review committee for                              
26       review under this section that were confidential before their presentation to the                                 
27       committee are confidential to the committee members and to the board members and                                  
28       are not subject to inspection or copying under AS 40.25.110 - 40.25.125. A committee                              
29       member or board member to whom confidential records are presented under this                                      
30       subsection shall maintain the confidentiality of the records. A person who violates this                          
31       subsection is guilty of a class B misdemeanor.                                                                    
01    * Sec. 7. AS 08.20.200 is amended to read:                                                                         
02            Sec. 08.20.200. Unlicensed practice [A MISDEMEANOR]. A person who                                          
03       practices chiropractic in the state without a license in violation of AS 08.20.100 is                             
04       guilty of a class A misdemeanor and may be punished as provided in AS 12.55 [,                            
05       AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN                                                      
06       $1,000, OR BY IMPRISONMENT FOR NOT MORE THAN A YEAR, OR BY                                                        
07       BOTH].                                                                                                            
08    * Sec. 8. AS 08.20.210 is amended to read:                                                                         
09            Sec. 08.20.210. Fraudulent licenses and certificates. A person who obtains                               
10       or attempts to obtain a chiropractic license or chiropractic clinical assistant                               
11       certificate by dishonest or fraudulent means [,] or who forges, counterfeits, or                                  
12       fraudulently alters a chiropractic license or chiropractic clinical assistant certificate                     
13       is guilty of a class A misdemeanor [PUNISHABLE BY A FINE OF NOT MORE                                          
14       THAN $500, OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS,                                                       
15       OR BY BOTH].                                                                                                      
16    * Sec. 9. AS 08.20.900(7) is amended to read:                                                                      
17                 (7)  "chiropractic examination" means an examination of a patient                                       
18       conducted by [OR UNDER THE SUPERVISION OF] a person licensed under this                                           
19       chapter, or by a chiropractic clinical assistant or chiropractic intern authorized                            
20       by the board to conduct an examination under the supervision of a person                                      
21       licensed under this chapter, for the express purpose of ascertaining whether                                  
22       symptoms of subluxation complex exist and consisting of an analysis of the patient's                              
23       health history, current health status, results of diagnostic procedures including x-ray                           
24       and other diagnostic imaging devices, and postural, thermal, physical, neuro-physical,                            
25       and spinal examinations that focuses on the discovery of                                                          
26                      (A)  the existence and etiology of disrelationships of skeletal                                    
27            joint structures; and                                                                                        
28                      (B)  interference with normal nerve transmission and                                               
29            expression;                                                                                                  
30    * Sec. 10. AS 08.20.900 is amended by adding new paragraphs to read:                                               
31                 (11)  "chiropractic clinical assistant" means a person certified by the                                 
01       board who works under the general supervision of a person licensed under this                                     
02       chapter;                                                                                                          
03                 (12)  "chiropractic intern" means a person who is authorized by the                                     
04       board to engage in the practice of chiropractic while under the personal supervision of                           
05       a person licensed under this chapter for the purpose of obtaining practical experience                            
06       for licensure as a chiropractor;                                                                                  
07                 (13)  "chiropractic preceptor" means a person who is licensed under                                     
08       this chapter and is authorized by the board to participate in the instruction and training                        
09       of chiropractic interns.