Historically, the chiropractic profession has lobbied for new laws and regulations that give DCs enhanced practice rights and increased public exposure. The two latest examples of this legislative initiative come from Pennsylvania and Utah, where legislators recently approved bills that give DCs the authority to perform examinations on people seeking driver's licenses and to certify disabilities in people seeking specialized license plates, and enforce a chiropractor's right to practice acupuncture, respectively.
Pennsylvania: More Procedures Allowed = More Opportunities
Chiropractors in Pennsylvania enjoy a relatively liberal scope of practice that allows them, among other things, to offer nutritional counseling and perform "adjunctive procedures," ranging from the application of heat and ice to mechanical stimulation. A new bill passed by the state's General Assembly and signed into law by Gov. Ed Rendell in July expands the range of procedures chiropractors can perform even further by allowing DCs to certify disabilities in people seeking handicapped license plates and placards, and enabling them to conduct examinations on people applying for driver's licenses.
To apply for a special handicapped license plate or parking placard in Pennsylvania, or to renew the registration for a handicapped license plate, a person must present a statement to the Department of Transportation which certifies that the person meets the state's criteria for having a disability. Previously, only medical physicians could issue such statements. House Bill 1912 amends this exclusion and allows several other health care providers, including chiropractors, to issue certified disability statements. The new law states:
"Any person applying for a special plate or parking placard for persons with disabilities must present a statement, certified by a physician, podiatrist, chiropractor, physician assistant or certified registered nurse practitioner licensed or certified to practice in this Commonwealth or in a contiguous state, that the person with a disability is disabled as provided in subsection (a)."
House Bill 1912 also gives chiropractors the authority to conduct physical and mental examinations on people seeking driver's licenses and school bus driver endorsements, which helps the state determine whether those people are qualified to operate a motor vehicle. As with handicapped licensed plates and placards, only physicians were allowed to perform examinations on driver's license applicants under previous state law.
The amended law states, "All physicians, podiatrists, chiropractors, physician assistants, certified registered nurse practitioners and other persons authorized to diagnose or treat disorders and disabilities defined by the Medical Advisory Board shall report to the department, in writing, the full name, date of birth and address of every person over 15 years of age diagnosed as having any specified disorder or disability within ten days." The practitioner performing the exam will be responsible for ensuring that reports are filed in accordance with the Medical Advisory Board's guidelines.
Gov. Rendell signed HB 1912 into law on July 15; it goes into effect Sept. 13.
Utah: Chiropractors' Right to Practice Acupuncture Clarified
In Utah, meanwhile, the chiropractic profession won a legislative battle with the passage of Senate Bill 249. The bill, passed earlier this year, clarifies language in state law that allows chiropractors to practice acupuncture without being licensed or regulated under the state's Acupuncture Licensing Act.
Under previous Utah law, physicians, surgeons and osteopaths were exempt from having to adhere to the same requirements to practice acupuncture as licensed acupuncturists. Based on a formal attorney general opinion regarding the state's Chiropractic Physician Practice Act, doctors of chiropractic could also practice acupuncture, provided they completed at least 200 hours of continuing education in classroom training and passed a certifying exam.
Senate Bill 249 formalizes the attorney general's formal opinion, and amends the law such that chiropractors are given the same ability to practice acupuncture as physicians, surgeons and osteopaths. However, DCs may not advertise themselves as licensed acupuncturists unless they complete the requirements for acupuncturist licensure specified under the Acupuncture Licensing Act.
"The bill gives clarity to the legislative intent, and inserts language in the Acupuncture Licensing Act so that a chiropractor is exempt from the acupuncture statute," said Dr. Jim Knight, chairman of the legal/legislative committee for the Utah Chiropractic Physicians Association. Dr. Knight added that the bill reinforces previous opinions given by the state attorney general regarding the ability of chiropractors to practice acupuncture, preovide they show adequate "training and competency."
The bill also requires that the state's Occupational and Professional Licensure Review Committee conduct a study into the adequacy of acupuncture training for chiropractors while the legislature is in recess.
