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.