H. B. 2303
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced January 19, 1999; referred to the
Committee on Government Organization.]
A BILL to amend and reenact sections three, eighteen and twenty,
article sixteen, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to correcting the code to reflect that
chiropractors are not qualified by virtue of chiropractic
training to engage in the discipline of physical therapy.
Be it enacted by the Legislature of West Virginia:
That sections three, eighteen and twenty, article sixteen,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 16. CHIROPRACTORS.
§30-16-3. Definitions.
The following words, unless the context clearly indicates otherwise, have the meaning ascribed to them in this section:
(1) "Board" means the West Virginia board of chiropractic;
(2) "Chiropractor" means a practitioner of chiropractic;
(3) "Chiropractic services" means those health care services
provided within the scope of chiropractic practice as defined by
this article and by chiropractors licensed by the board;
(4) "Chiropractic" is the science and art which utilizes the
inherent recuperative powers of the body and the relationship
between the neuromusculoskeletal structures and functions of the
body, particularly of the spinal column and the nervous system,
in the restoration and maintenance of health. The use of the
designation doctor of chiropractic, chiropractor, chiropractic
physician or D.C., is the practice of chiropractic.
The practice of chiropractic also includes the examination
and assessment of members of the public that are not patients of
the examining chiropractor. Further, the practice of
chiropractic includes the review of information relating to the
duration and necessity of chiropractic care that affects the
course of care, the treatment plan or payment and reimbursement
concerning chiropractic patients residing within the state of
West Virginia.
The practices and procedures which may be employed by
doctors of chiropractic are based on the academic and clinical
training received in and through chiropractic colleges accredited by the council of chiropractic education or its successors and as
determined by the board. These include the use of diagnostic,
analytical and therapeutic procedures specifically including the
adjustment and manipulation of the articulations and adjacent
tissues of the human body, particularly of the spinal column,
including the treatment of intersegmental disorders: Provided,
That, the discipline of chiropractic does not qualify one in the
use of procedures or modalities of physical therapy, which is
hereby recognized as consisting of a specific body of knowledge
separate and apart from the field of chiropractic. Patient care
and management is conducted with due regard for environmental and
nutritional factors, as well as first aid, hygiene, sanitation
and rehabilitation and physiological therapeutic procedures
designed to assist in the restoration and maintenance of
neurological integrity and homeostatic balance;
(5) "Spinal manipulation" and "spinal adjustment" are
interchangeable terms that identify a method of skillful and
beneficial treatment where a person uses direct thrust or
leverage to move a joint of the patient's spine beyond its normal
range of motion, but without exceeding the limits of anatomical
integrity.
§30-16-18. Scope of practice; chiropractic assistants; expert
testimony.
(a) Any chiropractor who has complied with the provisions of
this article may use any instrument or procedure, for the purpose
of diagnosis and analysis of disease or abnormalities: Provided,
That the person is trained to perform the procedures and use the
instruments through a chiropractic college approved by the
counsel on chiropractic education or its successor. Any
chiropractor properly qualified under this article may engage in
the use of physiotherapeutic devices, physiotherapeutic
modalities, physical therapy and physical therapy techniques.
Licensed chiropractors may also employ properly trained
chiropractic assistants to perform duties under supervision that
are generally conducted by chiropractic assistants which are not
otherwise prohibited by the board. The board shall propose and
promulgate rules in accordance with the provisions governing
legislative rules, contained in article three, chapter
twenty-nine-a of this code governing chiropractic assistants,
including, but not limited to, minimum qualifications, scope of
practice, and supervision requirements. A licensed chiropractor
may not engage in conduct outside this scope and beyond his or
her training and knowledge.
(b) A doctor of chiropractic duly licensed under this
article is presumed to be competent to testify before the circuit
courts of this state or in any other state administrative
proceeding as an expert witness.
§30-16-20. Use of electrodiagnostic devices; specialty practice.
(a) No chiropractor may use any physiotherapeutic devices or
electrodiagnostic devices in practice until he or she has
certified to the board that he or she has completed at least the
minimum classroom hours required for certification in the use of
these procedures in classes sponsored by or conducted by a
chiropractic college approved by the council of chiropractic
education or its successor.
(b) Electrodiagnostic devices include, but are not limited
to, the following: Videofluoroscopy and diagnostic ultrasound,
including needle and surface electromyography, nerve conduction
velocity studies, somatosensory testing and neuromuscular
junction testing. The board may designate other devices as
electrodiagnostic devices covered by this section by rule.
(c) As contained in this section, the term "specialty"
includes, but is not limited to, orthopedics, neurology,
chiropractic sports physician, radiology, pediatrics, nutrition,
rehabilitation, acupuncture, chiropractic internist, behavioral
health and diagnostic imagining. and physiotherapeutics. No
chiropractor is permitted to practice in a specialty in the
chiropractic field or hold himself or herself out as being a
specialist in the chiropractic field until the licensee has
successfully completed a certified program in that specialty at
a chiropractic college approved by the council on chiropractic education or its successor and approved by the board. The
program shall consist of a minimum number of hours to be
determined by the board. Successful completion of the final
certification exam is required.
NOTE: The purpose of this bill is to correct the code to reflect
that chiropractors are not qualified by virtue of chiropractic
training to engage in the discipline of physical therapy.
Changes instituted pursuant to House Bill 4601 contained these
erroneous provisions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.