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

00                       CS FOR SENATE BILL NO. 69(FIN)                                                                    
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 (A)] within the scope of chiropractic practice,                                 
12       [CERTIFICATES OF] physical examinations of [FOR] children for school physical                             
13       examinations and preparticipation physical examinations for sports and school                                 
14       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 nationally certified chiropractic clinical assistants;                                 
24       and                                                                                                           
25                 (11)  employ chiropractic interns and chiropractic preceptors.                                      
26    * Sec. 3. AS 08.20.100 is amended by adding a new subsection to read:                                              
27            (d)  This section does not apply to a chiropractic intern who is acting within the                           
28       scope of practice authorized by the board and is under the personal supervision of a                              
29       licensed chiropractor.                                                                                            
30    * Sec. 4. AS 08.20.160 is amended to read:                                                                         
31            Sec. 08.20.160. Temporary permits. Temporary permits may be issued to                                      
01       [PERSONS APPARENTLY] qualified applicants until the next regular meeting of                                   
02       the board.                                                                                                        
03    * Sec. 5. AS 08.20 is amended by adding a new section to read:                                                     
04            Sec. 08.20.168. Chiropractic clinical assistant. (a) Enrollment in or                                      
05       completion of a nationally recognized certification program under AS 08.20.055(4) is                              
06       required to practice as a chiropractic clinical assistant in this state.                                          
07            (b)  A person who meets the requirements under (a) of this section may, under                                
08       the general supervision of a person licensed under this chapter,                                                  
09                 (1)  perform diagnostic imaging studies;                                                                
10                 (2)  use ancillary methodologies; and                                                                   
11                 (3)  perform procedures.                                                                                
12    * Sec. 6. AS 08.20.185 is amended to read:                                                                         
13            Sec. 08.20.185. Utilization [PEER] review committee; confidentiality. (a)                                
14       The [IN ADDITION TO PEER REVIEW AUTHORIZED UNDER AS 08.01.075,                                                
15       THE] board may establish a utilization [PEER] review committee to review                                      
16       complaints concerning the reasonableness or appropriateness of care provided, fees                                
17       charged, or costs for services rendered by a licensee to a patient. A review conducted                            
18       by a utilization [PEER] review committee under this section may be used                                   
19       [UTILIZED] by the board in considering disciplinary action against a licensee, but the                        
20       results or recommendations of a utilization [PEER] review committee are not binding                           
21       on [UPON] the board. A member of a utilization [PEER] review committee                                    
22       established under this section who in good faith submits a report under this section or                           
23       participates in an investigation or judicial proceeding related to a report submitted                             
24       under this section is immune from civil liability for the submission or participation.                            
25            (b)  The board shall charge a complainant a fee, established under                                           
26       AS 08.01.065, for utilization [PEER] review under this section.                                               
27            (c)  Patient records presented to a utilization [PEER] review committee for                              
28       review under this section that were confidential before their presentation to the                                 
29       committee are confidential to the committee members and to the board members and                                  
30       are not subject to inspection or copying under AS 40.25.110 - 40.25.125. A committee                              
31       member or board member to whom confidential records are presented under this                                      
01       subsection shall maintain the confidentiality of the records. A person who violates this                          
02       subsection is guilty of a class B misdemeanor.                                                                    
03    * Sec. 7. AS 08.20 is amended by adding a new section to article 2 to read:                                        
04            Sec. 08.20.195. Limitation of practice. A person licensed under this chapter                               
05       or a person who is practicing as a chiropractic intern, chiropractic clinical assistant, or                       
06       chiropractic preceptor under this chapter may only act within the scope of practice                               
07       authorized by the board.                                                                                          
08    * Sec. 8. AS 08.20.200 is amended to read:                                                                         
09            Sec. 08.20.200. Unlicensed practice [A MISDEMEANOR]. A person who                                          
10       practices chiropractic in the state without a license in violation of AS 08.20.100 is                             
11       guilty of a class A misdemeanor and may be punished as provided in AS 12.55 [,                            
12       AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN                                                      
13       $1,000, OR BY IMPRISONMENT FOR NOT MORE THAN A YEAR, OR BY                                                        
14       BOTH].                                                                                                            
15    * Sec. 9. AS 08.20.210 is amended to read:                                                                         
16            Sec. 08.20.210. Fraudulent licenses and certificates. A person who obtains                               
17       or attempts to obtain a chiropractic license or provides the board with evidence that                         
18       the person is nationally certified to practice as a chiropractic clinical assistant                           
19       [CERTIFICATE] by dishonest or fraudulent means [,] or who forges, counterfeits, or                                
20       fraudulently alters a chiropractic license or chiropractic clinical assistant certificate                     
21       issued by a nationally recognized certification program is guilty of a class A                            
22       misdemeanor and is punishable as provided in AS 12.55 [BY A FINE OF NOT                                   
23       MORE THAN $500, OR BY IMPRISONMENT FOR NOT MORE THAN SIX                                                          
24       MONTHS, OR BY BOTH].                                                                                              
25    * Sec. 10. AS 08.20.900(7) is amended to read:                                                                     
26                 (7)  "chiropractic examination" means an examination of a patient                                       
27       conducted by [OR UNDER THE SUPERVISION OF] a person licensed under this                                           
28       chapter, or by a chiropractic clinical assistant or chiropractic intern under the                             
29       supervision of a person licensed under this chapter, for the express purpose of                               
30       ascertaining whether symptoms of subluxation complex exist and consisting of an                                   
31       analysis of the patient's health history, current health status, results of diagnostic                            
01       procedures including x-ray and other diagnostic imaging devices, and postural,                                    
02       thermal, physical, neuro-physical, and spinal examinations that focuses on the                                    
03       discovery of                                                                                                      
04                      (A)  the existence and etiology of disrelationships of skeletal                                    
05            joint structures; and                                                                                        
06                      (B)  interference with normal nerve transmission and                                               
07            expression;                                                                                                  
08    * Sec. 11. AS 08.20.900 is amended by adding new paragraphs to read:                                               
09                 (11)  "chiropractic clinical assistant" means a person who works under                                  
10       the general supervision of a person licensed under this chapter and who is                                        
11                      (A)  enrolled in a nationally recognized certification program                                     
12            that certifies chiropractic clinical assistants; or                                                          
13                      (B)  certified by a national organization that certifies                                           
14            chiropractic clinical assistants;                                                                            
15                 (12)  "chiropractic intern" means a person who is engaged in the                                        
16       practice of chiropractic while under the personal supervision of a person licensed                                
17       under this chapter for the purpose of obtaining practical experience for licensure as a                           
18       chiropractor;                                                                                                     
19                 (13)  "chiropractic preceptor" means a person who is licensed under                                     
20       this chapter and who participates in the instruction and training of chiropractic interns.