Introduced Version






HOUSE BILL No. 1103

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 25-1-9; IC 25-10-1-14.

Synopsis: Spinal manipulation. Provides that a health practitioner may not perform spinal manipulation or spinal adjustment unless the practitioner has statutory authority to differentially diagnose and meets certain educational requirements. Excludes physicians and osteopaths from the requirements. Provides for disciplinary sanctions for violations.

Effective: July 1, 2012.





Davis




    January 9, 2012, read first time and referred to Committee on Public Health.







Introduced

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1103



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-1-9-6.4; (12)IN1103.1.1. -->     SECTION 1. IC 25-1-9-6.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6.4. (a) This section does not apply to a practitioner licensed to practice medicine or osteopathic medicine under IC 25-22.5.
    (b) As used in this section, "spinal manipulation" or "spinal adjustment" means a method of skillful and beneficial treatment where a practitioner uses direct thrust to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity.
    (c) A practitioner may not perform spinal manipulation or spinal adjustment unless the practitioner:
        (1) has statutory authority to differentially diagnose; and
        (2) has received at least four hundred (400) hours of classroom instruction in spinal manipulation or spinal adjustment and at least eight hundred (800) hours of supervised clinical training at an accredited chiropractic

school and a school's affiliated facility where spinal manipulation or spinal adjustment is a primary method of treatment.
    (d) In addition to the actions listed under section 4 of this chapter that subject a practitioner to disciplinary sanctions, a practitioner is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds that the practitioner has violated this section.

SOURCE: IC 25-1-9-9; (12)IN1103.1.2. -->     SECTION 2. IC 25-1-9-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) The board may impose any of the following sanctions, singly or in combination, if it finds that a practitioner is subject to disciplinary sanctions under section 4, 5, 6, 6.4, 6.7, or 6.9 of this chapter or IC 25-1-5-4:
        (1) Permanently revoke a practitioner's license.
        (2) Suspend a practitioner's license.
        (3) Censure a practitioner.
        (4) Issue a letter of reprimand.
        (5) Place a practitioner on probation status and require the practitioner to:
            (A) report regularly to the board upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the board;
            (C) continue or renew professional education under a preceptor, or as otherwise directed or approved by the board, until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including community restitution or service without compensation, that the board considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
        (6) Assess a fine against the practitioner in an amount not to exceed one thousand dollars ($1,000) for each violation listed in section 4 of this chapter, except for a finding of incompetency due to a physical or mental disability. When imposing a fine, the board shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the fine within the time specified by the board, the board may suspend the practitioner's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the practitioner's inability to pay a fine.
    (b) The board may withdraw or modify the probation under subsection (a)(5) if it finds, after a hearing, that the deficiency that

required disciplinary action has been remedied, or that changed circumstances warrant a modification of the order.

SOURCE: IC 25-10-1-14; (12)IN1103.1.3. -->     SECTION 3. IC 25-10-1-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) This section applies to all persons, including persons listed in IC 25-22.5-1-2.
    (b) A person may manually manipulate, manually adjust, or manually mobilize the spinal column or the vertebral column of an individual only if the person is:
        (1) a chiropractor who has been issued a license under this chapter;
        (2) a physician who has been issued an unlimited license to practice medicine under IC 25-22.5; or
        (3) an osteopathic physician who has been issued a license to practice osteopathic medicine under IC 25-22.5.
    (c) A person may not delegate the manual manipulation, manual adjustment, or manual mobilization of the spinal column or the vertebral column of an individual to another person, unless the other person is:
        (1) licensed as a chiropractor under this chapter;
        (2) licensed as a physician with an unlimited license to practice medicine under IC 25-22.5;
        (3) licensed as an osteopathic physician with a license to practice osteopathic medicine under IC 25-22.5;
        (4) a student in the final year of course work at an accredited chiropractic school participating in a preceptorship program and working under the direct supervision of a chiropractor licensed under this chapter; or
        (5) a graduate of a chiropractic school who holds a valid temporary permit issued under section 5.5 of this chapter.
    (d) If a violation of subsection (b) or (c) is being committed:
        (1) the board in its own name;
        (2) the board in the name of the state; or
        (3) the prosecuting attorney of the county in which the violation occurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit court of the county in which the violation occurs.
    (e) Upon a showing that a person has violated subsection (b) or (c), the court may grant without bond an injunction, a restraining order, or other appropriate order.
    (f) Subject to IC 25-1-9-6.4, this section does not apply to a physical therapist practicing under IC 25-27. However, a physical therapist may not practice chiropractic (as defined in IC 25-10-1-1) or

medicine (as defined in IC 25-22.5-1-1.1) unless licensed to do so.