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. 1-49 * * * * *