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.