HB1088: HB1088 Chiropractors; replace term chiropractor with chiropractic physician

26 LC 52 0963 House Bill 1088 By: Representatives Mathiak of the 82nd, Reeves of the 99th, Jones of the 143rd, Greene of the 154th, Evans of the 57th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to1 chiropractors, so as to replace the term "chiropractor" with "c hiropractic physician"; to2 provide for certain persons licensed to practice chiropractic who visit this state for a specific3 sports or performing arts event; to allow licensed chiropractic physicians to use the term4 "chiropractor"; to protect the terms "chiropractor" and "chirop ractic physician"; to amend5 Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships,6 and associations, so as to provide for professional corporations jointly owned by chiropractic7 physicians and physicians; to amend Title 45 of the Official Co de of Georgia Annotated,8 relating to public officers and employees, so as to provide for conforming changes in9 terminology; to amend various titles of the Official Code of Ge orgia Annotated, so as to10 provide for conforming changes in terminology; to provide for related matters; to provide for11 an effective date; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 1088 - 1 - 26 LC 52 0963 PART I14 SECTION 1-1.15 Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors,16 is amended by revising Code Section 43-9-7.2, relating to persons excepted from application17 of chapter, as follows:18 "43-9-7.2.19 Nothing in this chapter shall be construed as preventing or pro hibiting the practice,20 services, or activities of:21 (1) Any person pursuing a course of study leading to a doctor of chiropractic degree,22 postgraduate training, or training as a chiropractic assistant, which is approved by the23 board as provided for in this chapter, if such person is design ated by a title indicating24 student status, is fulfilling clinical training requirements for the attainment of a degree or25 certificate, and is under the supervision of a chiropractor chiropractic physician licensed26 under this chapter and approved by the board;27 (2) Any person licensed to practice chiropractic in this or another state who is employed28 as a professor or instructor by a chiropractic school or college located in this state or who29 is enrolled in or teaching a course of study designed to develop chiropractic clinical skills30 when chiropractic activities are required as part of an educational program sponsored by31 a chiropractic school or college, as provided for in Code Secti on 43-9-7, or other32 educational program as may be approved by the board. Such practice shall be conducted33 under the supervision of a licensed chiropractor chiropractic physician approved by the34 board. No such person shall be authorized to provide chiropractic services outside of the35 scope of the educational program and setting, nor shall such a person perform, or36 supervise the performance of, any chiropractic service provided on a fee-for-service basis37 without having first obtained a license in accordance with this chapter. The board shall38 have the authority to promulgate rules relative to such practice;39 H. B. 1088 - 2 - 26 LC 52 0963 (3) A chiropractor Any person licensed to practice chiropractic in good standing in any40 other state, territory, or other jurisdiction of the United States or of any other nation or41 foreign jurisdiction if that person is employed or designated in their professional capacity42 by a sports or performing arts entity visiting the state for a specific sports or performing43 arts event subject to the following restrictions:44 (A) A chiropractor's Such person's practice under this paragraph is limited to the45 members, coaches, and staff of the team or event for which that chiropractor person is46 employed or designated, and such practice shall only occur at the designated venue of47 the event; and48 (B) Any chiropractor person practicing under the authority of this paragraph may49 utilize only those practices and procedures authorized by this chapter and approved by50 board rule; and51 (4) Nothing in this chapter shall prohibit any person from ass isting a duly licensed52 chiropractor chiropractic physician in the practices and procedures so authorized by this53 chapter, excluding the adjustment of the articulations of the human body, provided such54 person is under the direct order and supervision of a duly licensed doctor of chiropractic55 who is physically present in the facility or office."56 SECTION 1-2.57 Said chapter is further amended by revising Code Section 43-9-1 6, relating to scope of58 practice, as follows:59 "43-9-16.60 (a) Chiropractors Chiropractic physicians who have complied with this chapter shall have61 the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and62 to evaluate, diagnose, and adjust patients according to specifi c chiropractic methods in63 order to correct spinal subluxations or to adjust the articulat ions of the human body. 64 Chiropractors Chiropractic physicians shall observe all applicable public health regulations.65 H. B. 1088 - 3 - 26 LC 52 0963 (b) The chiropractic adjustment of the spine or articulations of the human body may66 include manual adjustments and adjustments by means of electrical and mechanical devices67 which produce traction or vibration. Chiropractors Chiropractic physicians who have68 complied with this chapter may also use modalities. Modalities include any physical agent69 applied to produce therapeutic change to biologic tissues inclu ding thermal, acoustic,70 noninvasive light, mechanical, or electric energy, hot or cold packs, ultrasound, galvanism,71 microwave, diathermy, and electrical stimulation. Chiropractors Chiropractic physicians72 who have complied with this chapter may utilize and recommend therapeutic procedures73 effecting change through the application of clinical skills and services that attempt to74 improve function, including therapeutic exercise, therapeutic a ctivities, manual therapy75 techniques, massage, and structural supports as they relate to the articulations of the human76 body; provided, however, that the same shall not be construed t o allow chiropractors77 chiropractic physicians to treat patients outside the scope of practice of chiropractic as set78 forth in this chapter.79 (c) Chiropractors Chiropractic physicians who have complied with this chapter may utilize80 those modalities and procedures described in subsection (b) of this Code section, provided81 the chiropractor chiropractic physician shall have completed a course of study containing82 a minimum of 120 hours of instruction in the proper utilization of those procedures in83 accordance with the guidelines set forth by the Council on Chir opractic Education or its84 successor and is qualified and so certified in that proper utilization.85 (d) Chiropractors Chiropractic physicians who have complied with this chapter shall have86 the right to sign health certificates, reporting to the proper health officers the same as other87 practitioners.88 (e) Chiropractors Chiropractic physicians shall not prescribe or administer medicine to89 patients, perform surgery, or practice obstetrics or osteopathy.90 (f) Chiropractors Chiropractic physicians shall not use venipuncture, capillary puncture,91 acupuncture, or any other technique which is invasive of the hu man body either by92 H. B. 1088 - 4 - 26 LC 52 0963 penetrating the skin or through any of the orifices of the body or through the use of93 colonics. Nothing in this subsection shall be construed to pro hibit a chiropractor94 chiropractic physician who is licensed to perform acupuncture under Article 3 of Chapter95 34 of this title from engaging in the practice of acupuncture.96 (g) A person professing to practice chiropractic for compensat ion must bring to the97 exercise of that person's profession a reasonable degree of car e and skill. Any injury98 resulting from a want of such care and skill shall be a tort for which a recovery may be had. 99 If a chiropractor chiropractic physician performs upon a patient any act authorized to be100 so performed under this chapter but which act also constitutes a standard procedure of the101 practice of medicine, including but not limited to the use of m odalities such as those102 described in subsection (b) of this Code section and X-rays, under similar circumstances103 the chiropractor chiropractic physician shall be held to the same standard of care as would104 licensed doctors of medicine who are qualified to and who actua lly perform those acts105 under similar conditions and like circumstances.106 (h) A licensed practitioner of chiropractic may use only the title 'chiropractor,' 'chiropractic107 physician,' or 'doctor of chiropractic,' or 'D.C.'108 (i) Chiropractors Chiropractic physicians who have complied with this chapter may109 recommend the use of nutritional and dietary supplements. Any such recommendation of110 nutritional and dietary supplements shall not be construed to a llow chiropractors111 chiropractic physicians to treat patients outside the scope of the practice of chiropractic as112 set forth in this chapter nor shall this subsection be construe d to allow chiropractors113 chiropractic physicians to sell at a profit any such nutritional and dietary supplemen ts114 without providing their generic name. Nothing in this subsecti on shall preclude115 compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes."116 H. B. 1088 - 5 - 26 LC 52 0963 SECTION 1-3.117 Said chapter is further amended by revising Code Section 43-9-1 9, relating to penalty, as118 follows:119 "43-9-19.120 It shall be unlawful for any person to practice chiropractic un less that person shall have121 first obtained a license as provided in this chapter and posses ses all the qualifications122 prescribed by the terms of this chapter. Any person who practices or attempts to practice123 chiropractic without a license, or; who buys or fraudulently obtains a license to practice124 chiropractic, or ; who violates any of the terms of this chapter, ; or who uses the title125 'chiropractic physician,' 'doctor of chiropractic,' 'chiropractor,' 'chiropractic,' 'D.C.,' or any126 word or title to induce the belief that such a person is engage d in the practice of127 chiropractic, without first complying with this chapter, shall be guilty of a felony and, upon128 conviction thereof, shall be punished by a fine of not less tha n $500.00 nor more than129 $5,000.00, or by imprisonment for not less than two nor more than five years, or both, at130 the discretion of the court. All subsequent offenses shall be separate and distinct offenses,131 and punishable in like manner."132 SECTION 1-4.133 Said chapter is further amended by replacing "chiropractor" and "chiropractors" with134 "chiropractic physician" and "chiropractic physicians", respect ively, wherever the former135 terms occur in:136 (1) Code Section 43-9-1, relating to definitions;137 (2) Code Section 43-9-2, relating to Georgia Board of Chiropractic Examiners, members,138 qualifications, residence requirements, and terms;139 (3) Code Section 43-9-6.1, relating to authority of board; and140 H. B. 1088 - 6 - 26 LC 52 0963 (4) Code Section 43-9-12, relating to refusal, suspension, or revocation of licenses,141 subpoenas, other discipline, judicial review, reinstatement, voluntary surrender of license,142 injunctions, and statement of complaint.143 PART II144 SECTION 2-1.145 Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships,146 and associations, is amended in Code Section 14-7-4, relating t o professional services, by147 revising paragraph (4) of subsection (a) as follows:148 "(4) To the extent not inconsistent with the ethics of the prof essions involved or149 otherwise prohibited by law, chiropractors chiropractic physicians who are practicing150 within their scope of practice as established by law may organi ze and jointly own a151 professional corporation with physicians who are practicing within their scope of practice152 as established by law; provided, however, that nothing in this paragraph shall authorize153 chiropractors to attach the title 'physician' to such chiropractors' names or to the name of154 the professional corporation."155 SECTION 2-2.156 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,157 is amended in Code Section 45-16-27, relating to when inquest to be held, special situations,158 coroner's fee, issuance of subpoenas, cost of copying, and limited disclosure of photographs,159 by revising subsection (c) as follows:160 "(c) When a coroner or a medical examiner or a medical examiner from the office of chief161 medical examiner, as established in Code Section 35-3-153, conducts an investigation into162 the death of an individual, the coroner, medical examiner, or medical examiner from the163 office of chief medical examiner shall be authorized to issue s ubpoenas to compel the164 H. B. 1088 - 7 - 26 LC 52 0963 production of any books, records, including but not limited to medical records from165 hospitals, medical clinics, psychiatric hospitals, physicians' offices, chiropractors'166 chiropractic physicians' offices, and any other health care healthcare delivery facility, or167 papers relevant to the cause of death including without limitat ion AIDS confidential168 information as defined by Code Section 31-22-9.1. Any books, records, or papers received169 by the coroner, medical examiner, or medical examiner from the office of chief medical170 examiner pursuant to the subpoena must be regarded as confident ial information and171 privileged and not subject to disclosure under Article 4 of Cha pter 18 of Title 50. The172 actual costs of copying any books, records, or papers for the purposes of responding to a173 subpoena under this subsection shall be paid out of county fund s to the person or entity174 required to respond to that subpoena, and the governing authority of the county of which175 that coroner or county medical examiner is a public officer shall pay those costs within 30176 days after a bill therefor is submitted to the county. A medical examiner from the office177 of chief medical examiner shall pay the costs of copying from state funds within 30 days178 after a bill therefor is submitted to the state."179 SECTION 2-3.180 The Official Code of Georgia Annotated is amended by replacing "chiropractor",181 "chiropractors", "Chiropractor", and "Chiropractors" with "chir opractic physician",182 "chiropractic physicians", "Chiropractic physician", and "Chiro practic physicians",183 respectively, wherever the former terms occur in:184 (1) Code Section 9-11-9.1, relating to affidavit to accompany charge of professional185 malpractice;186 (2) Code Section 14-10-2, relating to definitions relative to professional associations;187 (3) Code Section 31-7-131, relating to definitions for peer re view groups relative to the188 regulation and construction of hospitals and other health care facilities;189 (4) Code Section 31-12A-2, relating to definitions relative to smoke-free air;190 H. B. 1088 - 8 - 26 LC 52 0963 (5) Code Section 33-20A-3, re lating to definition s for patient protection relative to191 managed health care plans;192 (6) Code Section 33-20E-2, relating to applications to insurers and definitions relative to193 the "Surprise Billing Consumer Protection Act";194 (7) Code Section 33-24-27, relating to provision for reimbursement for services within the195 lawful scope of practice of psychologists or chiropractors;196 (8) Code Section 33-24-59.24, relating to restrictions on paym ent methods prohibited,197 waiver of provisions prohibited, and enforcement;198 (9) Code Section 33-24-59.27, relating to right to shop for insurance coverage, disclosure199 of pricing information, and notice;200 (10) Code Section 33-39-3, relating to definitions relative to the collection, use, and201 disclosure of information gathered by insurance institutions;202 (11) Code Section 33-46-4, relating to definitions relative to certification of private review203 agents;204 (12) Code Section 40-2-74.1, relating to temporary, permanent, and special permanent205 parking permits for persons with disabilities;206 (13) Code Section 43-1-28, relating to volunteers in health care specialties;207 (14) Code Section 43-1-33, relating to advertisement, signage, and identifier requirements208 for health care practitioners;209 (15) Code Section 43-1-35, relating to expedited license by en dorsement for spouses of210 active or transitioning members of the armed forces and license by endorsement for certain211 professions;212 (16) Code Section 43-1B-3, relating to definitions for patient self-referral relative to213 professions and businesses;214 (17) Code Section 43-28-15, relating to exceptions to operatio n of article relevant to215 occupational therapists;216 H. B. 1088 - 9 - 26 LC 52 0963 (18) Code Section 44-14-470, relating to lien on causes of act ion accruing to injured217 person for costs of care and treatment of injuries arising out of such causes of action;218 (19) Code Section 48-13-9, relating to limitation on authority of local government to219 impose regulatory fee, examples of individuals and entities whi ch may and may not be220 subject to fees, and methods for determining fees;221 (20) Code Section 51-1-29.5, relating to definitions, limitati on on health care liability222 claim to gross negligence in emergency medical care, and factors for jury consideration;223 (21) Code Section 51-2-5.1, relating to relationship between h ospital and health care224 provider prerequisite to liability, notice regarding independent contractor status, and factors225 for consideration in determining status; and226 (22) Code Section 51-16-1, relating to definitions for COVID-1 9 pandemic business227 safety.228 PART III229 SECTION 3-1.230 This Act shall become effective upon its approval by the Governor or upon its becoming law231 without such approval.232 SECTION 3-2.233 All laws and parts of laws in conflict with this Act are repealed.234 H. 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