HB 509: "An Act relating to chiropractic care and the evaluation of chiropractic care."

00HOUSE BILL NO. 509 01 "An Act relating to chiropractic care and the evaluation of chiropractic care." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.20.100(a) is amended to read: 04  (a) A person may not practice chiropractic or use chiropractic core 05 methodology in the state without a license. A person who performs an independent 06 medical evaluation or examination relating to chiropractic care received in this 07 state from a person licensed under this chapter is considered to be practicing 08 chiropractic in this state, regardless of the person's or patient's location or 09 residence at the time of the examination or evaluation. 10 * Sec. 2. AS 08.20.100(b) is amended to read: 11  (b) A person licensed under this chapter may 12  (1) analyze, diagnose, or treat the chiropractic condition of a patient by 13 chiropractic core methodology or by ancillary methodology; 14  (2) accept referrals for chiropractic treatment;

01  (3) except as provided in AS 08.20.165, consult on chiropractic 02 matters; 03  (4) refer patients to other health care professionals; 04  (5) sign 05  (A) within the scope of chiropractic practice, certificates of 06 physical examinations for children before they enter school; 07  (B) reports for excuses from employment and from attendance 08 at school or participation in sports activities; and 09  (C) authorizations for sick leave; 10  (6) perform preemployment and workplace health examinations; 11  (7) provide disability and physical impairment ratings; and 12  (8) provide retirement health and disability authorizations and 13 recommendations. 14 * Sec. 3. AS 08.20 is amended by adding new sections to read: 15  Sec. 08.20.165. LIMITATIONS ON CERTAIN TYPES OF CHIROPRACTIC 16 CONSULTANTS. (a) A person licensed under this chapter may not perform 17 independent medical evaluations or examinations, act as a consultant on chiropractic 18 matters for an admitted insurer under AS 21, state agency, managed care or health 19 maintenance organization, or a person or entity who self-insures or manages employees 20 with respect to employee health benefits, or advertise or announce in public or private 21 that the licensee engages in or provides health or insurance claims consulting or 22 independent medical evaluations or examinations unless the licensee has, within the 23 previous 12 months, filed with the board 24  (1) a notice that the licensee intends to consult on chiropractic matters; 25  (2) evidence that the licensee is in compliance with the board's 26 continuing education requirements; 27  (3) evidence of full-time chiropractic practice for the five years 28 preceding the filing, including evidence of the licensee's office hours during that time; 29 and 30  (4) a copy of the licensee's current business license. 31  (b) A licensee may not receive more than 50 percent of the licensee's annual

01 earned income from the performance of independent medical evaluations or 02 examinations. 03  (c) The compensation of a chiropractic consultant governed by this section 04 may not be based, in whole or in part, on a commission related to reduction of claims 05 about which the consultant provided evaluations, examinations, or other consultation 06 services. 07  (d) A person who violates this section is guilty of a misdemeanor and, upon 08 conviction, is punishable by a fine of not more that $1,000 or by imprisonment for 09 not more than a year, or by both. 10  Sec. 08.20.166. LIABILITY FOR CERTAIN INDEPENDENT MEDICAL 11 EVALUATIONS. A person who performs an independent medical evaluation or 12 examination whose recommendations cause a significant alteration of the care rendered 13 to the patient, either by restricting the patient's access to money for the care or 14 otherwise, is considered to be acting in the capacity of the patient's attending health 15 care provider and is jointly and severally liable for civil damages that result from the 16 change in care. 17 * Sec. 4. AS 08.20.900 is amended by adding a new paragraph to read: 18  (11) "independent medical evaluation or examination" means an 19 evaluation or examination, either of a patient or of a patient's records, performed either 20 in this state or outside of this state by an individual retained by an admitted insurer, 21 state agency, managed care or health maintenance organization, or person who self- 22 insures or manages employees with respect to employee health benefits when the purpose of 23 the examination or evaluation is to determine the appropriateness or necessity of chiropractic 24 care recommended or rendered in this state to the patient by a person licensed under this 25 chapter or to determine the reasonableness of the fees sought or paid for that care.