1-1     By:  Lucio                                             S.B. No. 676
 1-2           (In the Senate - Filed February 24, 1999; February 25, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 29, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 1; March 29, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 676                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of the practice of spinal manipulation
1-11     by certain health care providers; providing a penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  DEFINITIONS.  In this Act:
1-14                 (1)  "Health care provider" means a person licensed by
1-15     a state agency to provide health care services.
1-16                 (2)  "License" includes a certificate, registration,
1-17     permit, or any other form of authorization issued by a state agency
1-18     to engage in a regulated activity.
1-19                 (3)  "Spinal manipulation" means the adjustment,
1-20     manipulation, or movement of the articulations of the human spine
1-21     into or beyond a paraphysiological range of motion to restore
1-22     mobility, correct the vertebral subluxation complex or spinal
1-23     biomechanical dysfunction, and restore the health, movement, or
1-24     position of the affected segment of the spine and any component of
1-25     the nervous system that may be involved.
1-26                 (4)  "State agency" means a department, board, bureau,
1-27     commission, committee, division, office, council, or agency of the
1-28     state.
1-29           SECTION 2.  PERFORMANCE OF SPINAL MANIPULATION.  A person may
1-30     perform spinal manipulation only if the person is licensed by the
1-31     Texas State Board of Medical Examiners, except for an
1-32     acupuncturist, or the Texas Board of Chiropractic Examiners.
1-33           SECTION 3.  SANCTIONS.  A health care provider who violates
1-34     this Act is subject to suspension or revocation of the person's
1-35     license, refusal to renew the person's license, or any other
1-36     disciplinary action authorized by law.
1-37           SECTION 4.  OFFENSE.  (a)  A person commits an offense if the
1-38     person is not a health care provider and the person performs a
1-39     spinal manipulation for compensation or an expectation of
1-40     compensation.
1-41           (b)  An offense under this section is a state jail felony.
1-42           SECTION 5.  EFFECTIVE DATE.  This Act takes effect September
1-43     1, 1999.
1-44           SECTION 6.  EMERGENCY.  The importance of this legislation
1-45     and the crowded condition of the calendars in both houses create an
1-46     emergency and an imperative public necessity that the
1-47     constitutional rule requiring bills to be read on three several
1-48     days in each house be suspended, and this rule is hereby suspended.
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